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Ambanis, Mittal, Tata, Sahara face tough 2013 in courts

If 2012 was the year of 2G scam, then 2013 would be recorded in the history of the apex court for coalgate case and CBI's clamour to attain autonomy and free itself from its political masters to investigate top bureaucrats.

December 29, 2013 / 11:45 IST
     
     
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    Corporate czars like Anil Ambani, Sunil Bharti Mittal and business houses including Tatas came under intense judicial scanner for scam-related cases in 2013 with Subrata Roy Sahara facing the toughest time in Supreme Court which restrained him from leaving India.Be it the witness box in trial courts or corridors of the Delhi High Court and the apex court, names of business tycoons like Mukesh Ambani, Kumar Mangalam Birla, Naveen Jindal and Ravi Ruia cropped up in controversial matters and cases which are under scrutiny in different judicial forums.The year also saw several multinational giants like Finish mobile maker Nokia rushing to the high court in a high stake tax dispute while UK-based Vedanta Group, Korean steel major Posco and Swiss pharma firm Novartis were engaged in Supreme Court on issues ranging from industrial pollution, licences and patent.The patent battle saw domestic pharmaceutical firms getting a major boost with the apex court dismissing the plea of Novartis for patent of a cancer drug Glivec, paving the way for Indian companies to manufacture cheap generic drugs.So was the case in the high court where US-pharma major Merck Sharp & Dohme (MSD) failed to get any relief against Indian Pharma Glenmark which has come up with generic anti- diabetic medicines. An intra-court appeal against the order is pending before a larger bench.However, the year was tough for Sahara India Parivar as Roy was not only restrained from leaving India but he and his group firms were accused of taking the apex court "for ride" and "playing hide and seek" in the case relating to refund of Rs 20,000 crore to investors in which they are facing contempt proceedings.More trouble came when the apex court said that contempt proceedings can go ahead against Roy and his two employees for interfering with the investigation into the 2G spectrum case.The 2G spectrum scam also forced Bharti Cellular CMD Sunil Mittal, Essar Group promoter Ravi Ruia and Reliance ADAG chief Anil Ambani to rush to the apex court in the wake of special CBI court issuing them summonses to appear as accused and witnesses respectively.While Mittal and Ruia got a temporary relief from the apex court which stayed the proceedings against them in additional spectrum scam in which they have been summoned as an accused, Ambani failed to convince the court to give an order against the trial court directing him to appear as a witness in the 2G case involving former Telecom Minister A Raja and others, including three top executives of his group.A day after ADAG chief's testimony, his wife Tina Ambani also made her appearance in the Patiala house court and recorded her statement which was described as "better than her husband" in answering questions by special judge O P Saini.Government's controversial decision to hike the price of natural gas reached the Supreme Court which agreed to examine the issue raised by CPI MP Gurudas Dasgupta who filed a PIL accusing Petroleum Minister M Veerappa Moily of allegedly favouring Mukesh Ambani's Reliance Industries Ltd (RIL), which have been refuted by them.If 2012 was the year of 2G scam, then 2013 would be recorded in the history of the apex court for coalgate case and CBI's clamour to attain autonomy and free itself from its political masters to investigate top bureaucrats.The high voltage hearing in the coal scam saw the apex court taking strong exception to the interference into its probe by the then Law Minister Ashwani Kumar, who was forced to resign.CBI, which was termed as "caged parrot" by the apex court during the hearing in the coal scam, came out all guns blazing and named corporate bigwigs Naveen Jindal and Kumar Mangalam Birla in separate FIRs registered in connection with the case.The controversy surrounding former corporate lobbyist Niira Radia's tapped conversations was dealt by the apex court and after long hearing, it directed CBI to probe some key issues in which names of some big corporates, politicians, bureaucrats and journalists cropped up.

    Nokia, which, as per the Income Tax department, owes it Rs 21,153 crore as total tax liability (existing and anticipated), including penalty during a seven-year period from 2006-2013, had moved the court with its plea for lifting of stay on sale of the assets.The controversy surrounding the AirAsia deal reached the Delhi High Court after the apex court asked BJP leader Subramanian Swamy to approach the high court.The high court sought responses from Civil Aviation Ministry and DGCA on the plea which has sought a direction against grant of further approvals on the ground that the deal was contrary to the applicable FDI policy and DGCA guidelines.During the year, the functioning of UK-based multinational accounting firm PricewaterhouseCoopers (PwC) Pvt Ltd and its network audit firms in India came under judicial scrutiny with the apex court agreeing to hear a petition for a probe against them for allegedly indulging in financial irregularities and fudging of accounts.The court issued notice to Centre, RBI, Central Board of Direct Taxes (CBDT), the Institute of Chartered Accountants of India (ICAI), PwC and the audit firms sharing its brand name saying the issues raised in the petition need "examination".In the issue of arbitration proceedings of dispute between Antrix Corporation, the commercial arm of ISRO, and Devas Multimedia regarding scrapping of 1,000 crore deal for scarce S-band spectrum, the apex court held that it can take place at International Court of Arbitration in London.The court had dismissed Antrix's plea which had contended that according to their agreement and tender conditions, the place of arbitration was Bangalore and sought seeking its direction for conducting arbitration proceeding in India.

    first published: Dec 29, 2013 11:41 am

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