Hindustan Times (Patiala)

RCom’s merger with Aircel will need SC clearance: DoT

- Jayshree P Upadhyay jayshree.u@livemint.com

The Department of Telecommun­ications (DoT) has said that Reliance Communicat­ions Ltd’s (RCom) merger with Aircel Ltd would need a no-objection or clearance from the Supreme Court before it approves the deal.

Separately, some of the creditors who had earlier objected to the deal as it was not presented to them before being filed with National Company Law Tribunal (NCLT) have given a conditiona­l consent to the deal.

In an affidavit filed at the NCLT, which was hearing the merger petition of the two telecom companies on Wednesday, DoT said the apex court had restrained Aircel Ltd from selling and trading 2G spectrum allotted to it in 2006 in a January 6 order.

A bench headed by Chief Justice JS Khehar in the order also said that it may cancel Aircel’s use of the 2G licences if Malaysian businessma­n T Ananda Krishnan of the Maxis Group continued to avoid appearing before Indian courts in a case connected with irregulari­ties in grant of 2G spectrum licences. Maxis Group, owned by Krishnan, has a 74% stake in Aircel.

A special Central Bureau of Investigat­ion court has ordered Krishnan to appear before it, but he hasn’t complied.

“It is humbly submitted that the petitioner­s may be directed to take suitable permission­s from the Honourable Supreme Court before submission of the proposed scheme of arrangemen­t,” DoT said in the affidavit, a copy of which has been reviewed by Mint.

A spokespers­on for RCom declined to comment.

A RCom counsel told NCLT that the company has already submitted the proposed scheme of arrangemen­t to the Supreme Court and the court has so far not raised any objection or issued observatio­ns.

The merger with Aircel is crucial for RCom to reduce debt on its books at a time when new entrant Reliance Jio is squeezing the profitabil­ity of incumbents.

RCom plans to sell its tower business to Brookfield Asset Management Inc for ₹11,000 crore. It plans to spin off its wireless unit and merge it with Aircel Ltd, which will result in ₹14,000 crore getting transferre­d to the merged entity. This will remove ₹25,000 crore of debt from the books of RCom, which has total debt of around ₹45,000 crore.

Newspapers in English

Newspapers from India