NCLAT refuses release of Rs 260 crore to Anil Ambani to clear Ericsson dues

Adding to the woes of Anil Ambani, the National Company Law Appellate Tribunal (NCLAT) has refused to direct the State Bank of India (SBI) to release income tax refund of Rs 260 crore from a Trust and Retention Account, to enable him to clear dues owed to Ericsson..Observing that the Supreme Court is “in seisin of the matter”, the Appellate Tribunal stated that it would not pass any direction “to refund any amount to anyone”..Additionally, the Appellate Tribunal also stated that in case of non-payment of the amount, it may revive the corporate insolvency resolution process against Anil Ambani’s Reliance Communications Group..The order was passed by a two-member Bench headed by Chairperson Justice SJ Mukhopadhaya..Reliance Communications had moved the NCLAT seeking the release of the Rs 260 crore tax refund after the Supreme Court directed it to pay Rs. 453 crore to Ericsson by March 19..The Supreme Court had passed the order while holding Ambani and the Reliance Group guilty of contempt of court in a petition filed by Ericsson. The Supreme Court had also stated that Ambani might have to undergo three months’ imprisonment if the payment to Ericsson is not made in time..In May 2018, the National Company Law Tribunal Mumbai Bench had initiated the corporate insolvency resolution process against the Reliance Group after an application for the same was moved by Ericsson in its capacity as an operational creditor..In appeal before the NCLAT, a settlement was made between the two. The insolvency application was also permitted to be withdrawn after Reliance agreed to pay a sum of Rs 550 crore to Ericsson..After the matter reached the Supreme Court, on August 3, it ordered Reliance to pay Rs. 550 crore to Ericsson towards the settlement of dues..Even after an extension was granted, the payment was never made. Ericsson, therefore, moved the Supreme Court under its contempt jurisdiction..Reliance was represented by Senior Advocate Kapil Sibal, while Ericsson was represented by Senior Advocate Dushyant Dave. SBI was represented by Senior Advocate Neeraj Kishan Kaul .Read the order:.Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.