Etisalat Mauritius Ltd. Vs. Etisalat Db Telecom Pvt. Ltd and Others

Decided On : Nov-18-2013

Court : Mumbai

LAW: the Companies Act, the Companies Act, the Companies Act, the Companies Act, the Companies Act, the Foreign Director Investment, the Share Subscription Agreement, the Shareholders Agreement, Section 281B, the Income Tax Act, Section 433, the Shareholders Agreement, the Share Subscription Agreement, the Shareholders Agreement, the Shareholders Agreement, the Shareholders Agreement, the FDI Scheme, the Indian Evidence Act, the Shareholders Agreement, the Company Petition, the Shareholders Agreement, the Shareholders Agreement, the Shareholders Agreement, the Companies Act, the Shareholders Agreement

CARDINAL: 1, 2, 2., 2.1, 18, over 140 million, 2.2, 2.3, 2, 2, 2.4, 2.5, 2.6, 2.7, 2, 2.8, 2, 2.9, 11,29,94,228, 1,33,17,245, No.3, 2, 2.10, only one, 2.11, 2, 209.70, 2, 2.12, 2, 2.13, one, 106.95, 2.14, 2, 2, 2, 2.15, 398, 2, 2.16, 2.17, 2.18, 2, 2, thousands, Rs.5, three, 2.19, 2, 2.20, 2.21, 2.22, 2.23, two, three, two, 2.24, 2.25, 1, 2, 2.26, 2.27, 2.28, 2, 2.29, 2.30, 2.31, 2.32, 2.33, 212, 286, 2, 2.34, 2, 2, 2.35, 2.36, 3., One, 2, 15, 3.1, 2, 3, 3, 2, 2, 2, 2, 259, 34, 271, 3, 641, 29, 387, 394, 1, 175, 25, 4, 2, 1, 4, 6, 446, 5, 3, 493, 31, 3.2, 15, 2, 2, 2, 2, 3.3, 2, two, three, five, 3.4, 2, two, 2, 2, No.2, 2, 3.5, 3228.44, 3545.09, 2, 2, 2, three, 3.6, 3.7, 3.8, 5.1, 3.9, 3.10, 308, 286, 52, two, 48, 28, 16, 1, 1.1, 93, 3.11, 4, 2, 18, 4.1, 2, 2, 2, 4.2, 4.3, two, 4.4, 4.5, 5, four, 50, 3, three, two, 6, 750, 2, 413, 452, 454, 5.1, two, two, two, 6., 6.1.2, 2, 29, 30, 129, 6.1.3, two, 1465.95, 781.8, 2, 6.1.6, 61, 6.1.7, 389, 280, 69,947.81, two, 6.1.11, six, 2, 6.2, 2, 2, 2, 3, only one, 6,700, 34, 6.2.4, 6.2.5, 8

ORG: the Petitioner – Etisalat Mauritius Ltd., the Respondent No.1 Company, the Honble Supreme Court, Dysfunctional Board of Directors, Respondent No.2 Majestic Infracon Pvt. Ltd., The Company Petition, Court, EML, Emirates Telecommunications Corporation, a Public Listed Corporation, the Federal Government of UAE, UAE, Swan Capital Pvt. Ltd., Company, Swan Telecom Pvt. Ltd., Etisalat DB Telecom Pvt, Majestic, Majestic, Balwa, Tiger Trustees Pvt. Ltd., the Criminal Investigation Authorities, CBI, Reliance, Respondent Delphi Investment Limited, Delphi, Private Company, Delphi, Company, Delphi, Letters of Intent, Unified Access Services Licenses, the Department of Telecommunications, Government of India, Etisalat through, Deutsche Bank, Swan Telecom Ltd., Company, Genex, Company, –, Company, Etisalat Telecommunications Corporation, Etisalat Group, CRO/CLO, Board, ZTE, Respondent No.2 Majestic, Respondent No.2 Majestic, Board Resolutions, Company, CBI, FIR, Company, Public Interest Litigations, the Honble Supreme Court, the Centre for Public Interest Litigation, CBI, inter alia, Company, CBI, M/s. Dynamix Realty, Group Company, the DB Group of Companies, CBI, Telecom Policy, RCOM, RADAG, GSM + CDMA, RADAG, CBI, DB Group, RADAG, the Directorate of Enforcement, Company, Directors, the Foreign Exchange Management Act, Petition under Sections 397, the Company Law Board, Company, Petitioners, the Board of Directors, Respondent No.2 Majestic, inter alia, the Board of Directors, Company, the Board of Directors, CLB, CLB, CBI, Balwa, Goenka, the Petitioner, Respondent, the Honble Supreme Court, inter alia, the Honble Supreme Court, Company, the Unitech Group, The Honble Supreme Court, The Honble Supreme Court, the Honble Supreme Court, the Board of Directors, Company, the Board of Directors, Directors, Reliance Infratel Ltd., RITL, Reliance Communication Ltd., RCL, Reliance, the Telecom Disputes Settlement, Appellate Tribunal, Reliance, Company, a Civil Suit, Court, the Board of Directors, the Telecom Regulatory Authority of India, the Board of the Company, the Board of Directors, Board of Directors, the Channel Partners of the Company, Petitioners, the Board of Directors, Petitioners, Directors, the Respondent No.2 Majestic, Company, the Channel Partners, the Honble Supreme Court, the Review Petition, Court, Company Petition, Company, Court, Court, Citi Bank, Company, the Debts Recovery Tribunal, Standard Chartered Bank, Company, the Debts Recovery Tribunal, Company, Punjab National Bank, Bank, PNB, Respondent No.2 Majestic, PNB, Company, PNB, Company, Court, Company Petition, Court, Company, PNB, Respondent No.2 Majestic, Company, DOT, the Additional CIT, DOT, Company, the Authorized Person, Court, Company, Company, Bank Guarantees, Company, Channel Partners, Court, DRT, DRT, DRT, Court, inter alia, Company, Court, Court, a Company Application (L, Court, Company, Court, Appeal, the Honble Division Bench, Coram, Company, Company, Respondent No.2 Majestic, Court, the Authorized Person, SCB, Company, the Citi Bank, Company, Reliance Infratel Ltd., Reliance Communications Ltd., TDSAT, Company, Company, the Honble Supreme Court, Company, Company, Company, Petitioners, Universal Access Service Licenses, Company, Respondent No.2 Majestic, Company, UASL, the Honble Supreme Court, International Long Distance, ILD, National Long Distance, ISP, Company, Company, Company, Company, Company, Court, Company, Company, Co., Madhu Woollen Industries Pvt. Ltd., The Cine Industries, Recording Co. Ltd., Kitson and Co. Ltd., Taldua Rubber Co. Ltd., Merito Shipping Co., SC, Vassant Holiday Homes Pvt. Ltd., Memorandum of Association, the Petition under Section 433, the Honble Supreme Court, Centre for Public Interest Litigation, Union of India, Universal Access Service Licenses, UASL, Company, Company, Petitioners, the Honble Supreme Court, Company, the Honble Supreme Court, the Government of India, the Honble Supreme Court, Reliance Infratel Ltd., Reliance Communications Ltd., Company, the Board of Directors, the Board of Directors, the Board of the Company, Board of Directors, the Companys Board, Board, The Honble Supreme Court, Court, Company, Court, Court, inter alia, DRT, SCB, Company, Company, Company, The Respondent No.2 Majestic, Company, NLD, ILD, ISP, Petitioners, Company, UAS, the Honble Supreme Court, Respondent No.2 Majestic, the Board of Directors, ILD, NLD, the ILD/NLD/ISP, Company, Company, NLD/ILD/ISP, DRT, DRT, the Respondent No.2 Majestic, Court, the Learned Senior Advocate, Court, Court, Company, Company, Banks, Company, the Respondent No.2 Majestic, Court, the Advocate for Respondent No.2 Majestic, the Respondent No.2 Majestic, Respondent No.2 Majestic, Company, Company, Respondent No.2 Majestic, the Company Petition, Court, Respondent No.2 Majestic, Company, Rs.1600, Company, Company, Company, Respondent No.2 Majestic, the Share Subscription Agreement, NLD/ILD/ISP, Company, Company, Court, Company, the Company Petition, the Authorized Person, Court, Company, The Authorized Person, INR 47, Bank Guarantees, INR, Petitioners, the Authorized Person, Channel Partners, INR, the Authorized Person, Company, the Respondent No.2 Majestic, Company, The Respondent No.2 Majestic, the Respondent No.2 Majestic, the Respondent No.2 Majestic, Company, Court, the Company Petition, Company, Company, CBI, the Honble Supreme Court, the Government of the United Arab Emirates, The Government of UAE, Company, Company, the Honble Supreme Court, the Honble Supreme Court, Respondent No.2 Majestic, Company, Company, CC T.V, Company, Directors, the Channel Partners of the Company, Respondent No.2 Majestic, Respondent No.2 Majestic, Company, Company, Company, The Learned Senior Advocate, The Learned Senior Advocate, the Respondent No.2 Majestic, the Board of Directors, the Respondent No.2 Majestic, Company, Company, Respondent No.2 Majestic, the Judgment of the Hon'ble Supreme Court, Company, Respondent No.2 Majestic, the Board of Directors, the Board of Directors, Board of Directors, Company, the Hon'ble Supreme Court, Company, UAS Licenses, the Hon'ble Supreme Court, UASL, Company, Delphi, the Board of Directors, the Respondent No.2 Majestic, Company, The Learned Senior Advocate, the Respondent No.2 Majestic, the Honble Supreme Court, M/s. Madhusudan Gordhandas and Co. (Supra, the Honble Supreme Court, Court, The Respondent No.2 Majestic, Court, Standard Chartered Bank (SCB, Citi Bank N.A., Respondent No.2 Majestic, SCB, Citi Bank, Company, SCB, SCB, DRT, DRT, Company, Company, Company, SCB, SCB, SCB, the Company Petition, DRT, SCB, Balwa/Goenka, DRT, SCB, DRT, the Company Petition, Company, SCB, Respondent No.2 Majestic, Respondent No.2 Majestic, SCB, Board Resolutions, SCB, Balwa and Goenka, PNB, Reliance, the DB Group of Companies, Techniplex, Court, CBI, Sections 126, Learned Advocate, Company, DRT, SCB, the Supreme Court Review Petition and TDSAT Petition, CLB, SCB, Company, DRT, Respondent No.2 Majestic, Company, DRT, Petitioners, Balwa and Goenka/Majestic, The Board of the Company, the Directors of Majestic, The Channel Partners, Petitioners, Pratap Ghose, Emirates Communication Corporation, SCB, SCB, the Letter of Comfort, SCB, the Company Petition, CLB, Tech Mahindra, SCB, Company, Court, SCB, SCB, SCB, SCB, Bank, the Board of Directors, SCB, the Board of Directors, Company, Company, SCB, SCB, Company, SCB, SCB, the Petitioner /Etisalat Group, SCB, SCB, Company, SCB, SCB, SCB, Schedule-C, Ericson India Pvt. Ltd., Emirates Telecommunication Corporation, Etisalat Mauritius Ltd., Majestic Infracom Pvt, CFO, SCB, SCB, SCB, Company, Company, SCB, SCB, Company, DRT, Original Application No, DRT, SCB, the Company Court, SCB, DRT, Court, SCB, SCB, SCB, Court, TDSAT, Reliance Telecommunications Ltd., Reliance Infracon Ltd., SCB, TDSAT, SCB, DRT, TDSAT, TDSAT, SCB, DRT, SCB, DRT, DRT, SCB, the Respondent No.2 Majestic, Company, SCB, the Respondent No.2 Majestic, SCB, Respondent No.2 Majestic, Citibank, Citi Bank, Citibank, Citibank, Citibank, BG Facility, Rs.550,00,00,000/-, LC Facility, BG Facility, Citibank, the Board of Directors, inter alia, BG Facility, INR 492,09,99,908.45, Citibank, the BG Facility, the Board Resolutions, Company, Citibank, Company, BG, Citibank, the BG Facility, Company, Citibank, Bank Guarantee, Tech Mahindra Limited, the Bank Guarantee, Bank Guarantee, Tech Mahindra, Citibank, Tech Mahindra Ltd., the Bank Guarantee of Citibank, the Bank Guarantee, the Bank Guarantee, Citibank, Citibank, the Bank Guarantee, Citibank, Company, Tech Mahindra, Citibank, Company, Citibank, the BG Facility, Company, Tech Mahindra, Citibanks, Citibank, the Bank Guarantee, Tech Mahindra Ltd., Bank Guarantee, Citibank, Company, Citibank, Citibank, Citibank, Rs.154,48, the LC Facility, the Board of Directors, LC Facility, LC Facility, Company, Citibank, Letters of Credit, Letters of Credit, Citibank N.A. China, the Negotiating Bank, Citibank N.A. Bahrain, Reimbursing Bank, Letters of Credit, Citi China, Citibank, the LC Opening Bank, Citibank, Citibank, Citibank, Citibank, Citibank, Citibank, Citi Bahrain, Citibank, Citibank, Citibank, Company, Citibank, Citi Bahrain, Citi Bahrain, the Reimbursing Bank, Citibank, Citibank, Citibank, Citi Bahrain, USD 103,945,631, Citibank, Company, inter alia, inter alia, Company, Court, Court, Citibank, Original Application, Citibank, the Original Application, Citibank, Company, Citibank, Respondent No.2 Majestic, Citibank, Company, Citibank, Court, Citibank, Respondent No.2 Majestic, Citibank, Citibank, Citibank, Company, Company, Company, Citibank, Citibank, Company, Citibank, SCB, Citibank, Company, the Board of Directors, Respondent No.2 Majestic, the Respondent No.2 Majestic, SCB, Citibank, CFO, Company, the Respondent No.2 Majestic, Bank, DRT, DRT, Company, CFO, Company, Respondent No.2, DRT, Company, DRT, Court, SCB, Citibank, DRT, SCB, Company, Company, Respondent No.2 Majestic, the Share Subscription Agreement, the Management Services Agreement, Board, the Etisalat Group, Company, the Petitioner/Etisalat Group, The Petitioner/Etisalat Group, the Board of the Company, the Etisalat Group, the Respondent No.2 Majestic and/or, the Petitioner/Etisalat Group, U.A.E., F.I.P.B., Board Meetings, the Etisalat Group, the Respondent No.2 Majestic, Company, Uninor, MTS, Company, Learned Advocate, the Management Services Agreement, Company, the Board of the Company, Board, CFO, COO, Company, Directors, Government, Reliance, Companies, Reliance, EON, Techniplex, Company, the Respondent No.2 Majestics, the Petitioners Nominee Directors, Board authority, Board, ZTE, Board, the Respondent No.2 Majestic, Company, Respondent No.2 Majestic, CLB, Company, Reliance, Board Resolutions, CBI, the Supreme Court, the Enforcement Directorate, FEMA, the Petitioner/Etisalat Group, Company, F.I.P.B., FIPB, FIPB, Etisalat of Genexs, Balwa, Genex, Genex, Company, Respondent No.2 Majestics, Majestic, UAS, Petitioners, Company, the Board of the Company, Company, PNB, PNB Loan, PNB, DB Group, Court, the Authorized Person, PNB, the ICICI Bank, Bank, SCB, Citibank, ICICI, Board, SCB, ICICI, SCB, ICICI, The Board, the Board Resolution, ICICI, the Etisalat Group, The Respondent No.2 Majestic, Board, Company, Reliance, the Passive Telecom Infrastructure, Reliance, CBI, the Enforcement Directorate, Reliance, Reliance, Reliance, the Petitioner/Etisalat Group, Board Meetings, Respondent No.2 Majestic, the Board Meetings, Company, Uninor, Company, Banks, Uninor, Company, the Respondent No.2 Majestic, Petitioners, the business or inc

PERSON: Directors, Shahid Balwa, Vinod Goenka, Shahid Balwa, Vinod Goenka, Balwa, Goenka, Etisalat, Balwa, Goenka, Genex, Shahid Balwa, Vinod Goenka, Petitioner, no.4 –, Balwa, Goenka, Directors, Al Haddad, Julfar, Balwa, Pratap Ghose, Rajasthan, Haryana, DoT, Madhya Pradesh, Subramanian Swamy, Balwa, Balwa, Swan, Balwa, Balwa, Balwa, Etisalat, Petitioner, Balwa, Goenka, Goenka, Balwa, DoT, Petitioner, Pratap Ghose, Petitioner, DoT, DoT, DoT, Petitioner, D.Y. Chandrachud, A.A. Sayed, Raghunath Prasad Jhunjhunwalla, L.R., Nos, Nos, Galbraith, Nos, Madan V. Prabhu, INR Rs, Balwa, Goenka, Petitioner, Directors, Respondent Nos, Petitioner, R.P. Jhunjhunwalla, M.S.D.C. Radharaman, Abnash Kaur, Krishna Sugar Mills, Balwa, Swan, Genex, Banks, Pratap Ghoshs, Balwa, Shri Gyanendra Upadhyay, Petitioner, Abdul Salam Al Bangui, Atul Jhamb, Budhiraja, Atul Jhamb, Pratap Ghose, Balwa, Goenka, Etisalat, Banks, Balwa, Banks, Banks, Banks, Pratap Ghosh, Gyanendra Upadhyay, Petitioner, Misc, Affidavit, Citi Bahrain, Citi Bahrain, Banks, Banks, Resolutions, Banks, Banks, Banks, Banks, Banks, Banks, Banks, Etisalat, Petitioner, Petitioner, Petitioner, Balwa, Goenka, Balwa, Atul Jhamb, Balwa, Goenka, Directors, Balwa, Balwa, Goenka, Shri Ahmed Salahuddin, Balwa, Salahuddin, Goenka, Al Haddad, Julfar, Balwa, Pratap Ghose, Balwa, Goenka, DoT, Balwa, DoT, Balwa, Genex, Balwa, Etisalat, Balwa, Balwa, Petitioners, Balwa, Balwa, Balwa, Goenka, Balwa, Goenka, Banks, Balwa, Jhamb, Balwa, Jhamb, Balwa, Balwa, Balwa, Suvarna, Balwa, Balwa, Afzal Lodhi, DoT, Unitech, Balwa, Goenka

MONEY: 100 per cent, 60 per cent, 40 per cent, 100 per cent, 5.26 per cent, 4.26 per cent, 90.10 per cent, 9.90 per cent, 74 per cent, $ 100 Million, USD 57 Million

GPE: the United Arab Emirates, the Republic of Mauritius, India, Swan, Telecom, Swan, Swan, Mumbai, New Delhi, Mumbai, Companys, Mumbai, Companys, Counsel, Counsel, India, India, India, Companys, India, India, Mumbai, India, India, Companys, Companys, India, Hind Overseas Pvt, Hind Overseas Pvt, Companys, Companys, Bhudhiraja, Etisalat, Mumbai, Mumbai, Mumbai, Mumbai, Rs.154,48,35,531/-, Mumbai, New Delhi, China, Citi, China, Citi, China, Citi, China, New Delhi, Companys, Mumbai, Mumbai, Companys, Etisalat, Etisalat, Companys, Etisalat, Etisalat, M.T.S., India

ORDINAL: first, second, third, fourth, first, 30th, third, first, 5th

PRODUCT: Company”, A18, Respondent No.2 Majestic, Respondent No.1, Respondent No.2 Majestic, Respondent No.2 Majestic, Respondent No.2 Majestic and/or, Respondent No.2 Majestic, Respondent No.2-Majestic, Memorandum, Respondent No.2, Respondent No.2-Majestic, Respondent No.2 Majestic, Respondent No.2-Majestic, Respondent No.2 Majestic, Respondent No.2 Majestic, Respondent No.2 Majestic, Respondent No.2-Majestic, Respondent No.2-Majestic, Promoters, Respondent No.2 Majestic, Respondent No.2-Majestic, Respondent No.2-Majestic, Respondent No.2-Majestic, Respondent No.2 Majestic, Respondent No.2-Majestic, Respondent No.2 Majestic, Respondent No.2-Majestic, Respondent No.2 Majestic, Respondent No.2-Majestic, Respondent No.2-Majestic, Regulators, Respondent No.2-Majestic, Respondent No.2-Majestic, Respondent No.2 Majestic, Respondent No.2 Majestic and/or, Respondent No.2-Majestic, Respondent No.2-Majestic

DATE: 13th July, 2006, 1956, 15th February, 2007, 12th March, 2009, 1956, 1956, 1956, 13th July, 2006, 1st October, 2007, 10th January, 2008, 23rd September, 2008, 17th December, 2008, 17th December, 2008, daily, 31st August, 2010, 26th March, 2012, 30th April, 2012, 24th July, 2012, 17th March, 2009, 21st October, 2009, 25th May, 2010, 14th February, 2010, 3rd January, 2011, 2nd April, 2011, 25th April, 2011, 8th July, 2011, 1999, 8th July, 2011, 25th April, 2011, 1st August, 2011, 2nd August, 2011, 12th June, 2012, 22nd October, 2011, 2nd February, 2012, 2008, four months, 19th February, 2012, 22nd February, 2012, 23rd February, 2012, 31st January, 2012, 23rd February, 2012, 23rd February, 2012, 22nd February, 2012, 28th February, 2012, 31st March, 2012, 29th February, 2012, 1st March, 2012, 12th March, 2012, 29th March, 2012, 3rd April, 2012, 3rd April, 2012, 2nd February, 2012, 11th April, 2012, before 16th April, 2012, 13th April, 2012, 16th April, 2012, 18th February, 2012, 19th May, 2012, 12th October, 2012, 3rd July, 2012, 6th August, 2012, 23rd September, 2008, 14th August, 2012, 28th February, 2012, 10th January, 2013, 1961, 16th January, 2013, 8th February, 2013, 2013, 16th April, 2012, 9th January, 2013, 16th April, 2012, 16th April, 2012, 3rd July, 2012, 11th October, 2012, 2012, 19th October, 2012, 18th October, 2012, 21st February, 2013, 12th April, 2013, 23rd February, 2012, 31st January, 2012, 2nd February 2012, 1971, 1941, 54, 1946, 1946, 1947, 2001, 32, 41 to 44, 2nd February, 2012, 4th April, 2012, 31st January, 2012, 22nd February, 2012, 31st March, 2012, 31st March, 2012, about 1st March, 2012, 25th May, 2010, October, 2008, 16th April, 2012, 9th January, 2013, 30th October, 2012, 2012, 5th December, 2012, about 57 years, 12th March, 2012, 3rd July, 2012, 4th March, 2013, 22nd March, 2013, monthly, 13th June, 2013, 12th April, 2013, 2013, 10th January, 2008, 23rd September, 2008, 23rd September, 2008, 2008, 1972, 26th March, 2012, 26th March, 2012, 16th April, 2012, 12th June, 2012, 9th January, 2013, 16th April, 2012, 2009, 15th June, 2009, 15th September, 2009, 31st August, 2010, 21st July, 2012, 30th April, 2012, 22nd July, 2013, 24th September, 2012, 12th and 13th April, 2013, 1st April, 2012, 4th April, 2012, daily, an entire month, March 31, 2012, the year ended 31st March, 2011, 24th August, 2011, 11th April, 2012, the year ending March, 2012, 2012-2013, 31st March, 2012, 1450, 31st March, 2012, 4th April, 2012, 10th April, 2012, 2012, 16th April, 2012, 11th April, 2012, 17th April, 2012, 12th June, 2012, May 3, 2012, 2012, 16th April, 2012, 25th May, 2010, 6th June, 2011, 49, 14th July, 2010, 30th June, 2011, 1st March, 2012, quarter ending 31st December, 2011, 31st December, 2011 plus, 60 days, the respective quarters, 2nd March, 2012, 1st March, 2012, 2nd March, 2012, 15th March, 2012, 16th March, 2012, 31st August, 2010, 31st May, 2012, 18th November, 2010, 31st May, 2012, 21st June, 2012, 29th June, 2012, 2012, 16th April, 2012, 16th April, 2012, the day to day, the day to day, 17th December, 2008, the day to day, the weekends, week days, the day to day, daily, 31st August, 2010, the end of 2010, 22nd February, 2012, 23rd December, 2010, 22nd July, 2010, 2009, 2010, 15th September, 2009, 25th May, 2010, 5 years, the day to day, its day to

LOC: Rs.3228.44, the Petitioner on, Govt, Thereupon, the Middle East, Africa

NORP: Petitioners, Petitioners, Petitioners, Indian, Indian, Company, Petitioners, Petitioners, Indian, Petitioners, Upadhyays, Rs.333,60,00,000/-, Rs.6700, Petitioners, Indian, Company, Indian

TIME: Minutes, minutes, minutes, minutes, the minutes, minutes

FAC: the Mumbai International Airport, Exit Policy, Second Generation, Second Generation, the Airport on, Resolution, Citi Bahrain, Balwa and Goenka

WORK_OF_ART: an Authorized Person, the Authorized Person, Directors of Respondent No.2 Majestic, the Authorized Person