RCom-Reliance Jio asset sale stuck as SC asks parties to approach NCLAT

New Delhi: The Supreme Court on Thursday rejected the plea of Reliance Infratel, a subsidiary of Reliance Communications Ltd (RCom) and the State Bank of India (SBI) challenging an order of the National Company Law Tribunal (NCLT) that stayed an asset sale to Reliance Jio Infocomm Ltd.

A two-judge bench headed by Justice A.K. Goel asked the parties to approach the National Company Law Appellate Tribunal (NCLAT) in accordance with law.

The apex court, however, vacated a 8 March order of the Bombay high court that had rejected RCom’s appeal against an order of an arbitration tribunal barring the sale or transfer of its assets without prior permission.

RCom had moved the top court on 19 March seeking a stay on orders of the Bombay high court and the National Company Law Tribunal (NCLT) Mumbai bench, barring it from selling its wireless assets to Reliance Jio without prior approval. The Anil Ambani led company was joined by SBI which approached the court on 20 March seeking approval for the sale of RCom’s assets to Reliance Jio.

The tribunal was hearing a petition filed by offshore investors of Reliance Infratel led by HSBC Daisy Investments (Mauritius) Ltd, which are alleging oppression of minority shareholders and mismanagement.

While RCom owes a total of Rs45,000 crore to its lenders, total dues to SBI as on 28 February stood at Rs4,027 crore.

On 8 March, the high court had rejected RCom’s appeal against an order of an arbitration tribunal barring the sale or transfer of its assets without prior permission. The arbitration tribunal had passed the interim order on a plea by Swedish telecom equipment maker Ericsson for recovery of Rs1,012 crore from RCom.

Ericsson being an unsecured creditor, through its counsel, C.A. Sundaram, said, “It is not that we don’t have any rights. I have the right to recovery. This cannot be a private transaction; one brother selling to another.”

“Am I to be left in the lurch like this? After they sell the assets, they will say that they don’t have money left to pay us”, he remarked.

He added that its rights were being defeated and being a small company, it would suffer irreparably.

It was observed by the court that as unsecured creditors, it (Ericsson) could not be deprived of its statutory rights.

This was opposed by Mukul Rohtagi, representing RCom who told the court, “Even under civil law or commercial law, secured creditors are above unsecured creditors”.

At the last hearing, the court had asked Rcom to maintain status quo on the sale of its wireless assets worth Rs25,000 crore to Mukesh Ambani-backed Reliance Jio to pay off lenders.

Reliance Group companies have sued HT Media Ltd, Mint’s publisher, and nine others in the Bombay high court over a 2 October 2014 front-page story that they have disputed. HT Media is contesting the case.