ROHINTON FALI NARIMAN, VINEET SARAN
RELIANCE COMMUNICATION LIMITED – Appellant
Versus
STATE BANK OF INDIA – Respondent
JUDGMENT
R.F. Nariman, J.
1. Three contempt petitions are before us, having been filed by Ericsson India Pvt. Ltd. [“Ericsson”] against Reliance Communications Ltd. [“RCom”], Reliance Telecom Ltd. [“RTL”], and Reliance Infratel Ltd. [“RITL”] [hereinafter, collectively referred to as the “Reliance Companies” or “Companies”].
2. The brief facts necessary to appreciate these matters are as follows:
On 25.01.2013, Ericsson and RCom entered into a Managed Service Agreement whereby Ericsson agreed to provide RCom managed services, i.e., operation, maintenance, and management of RCom’s network. Ericsson raised invoices from time to time in consideration of services provided, and on receiving no payment, ultimately issued three notices, each dated 07.05.2017, under the Insolvency and Bankruptcy Code, 2016 [“Insolvency Code”] to the three Reliance Companies, calling upon them to pay an amount of INR 9.78 crore. These notices were replied to on 19.05.2017, whereby the three Reliance Companies stated that the performance of Ericsson had been inconsistent. After this date, discussions took place between the parties, and an understanding was reached for making payment of the outstanding invoices. H
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