In a move that could be a breather to the Essar Group, the Ministry of Corporate Affairs (MCA) has communicated to the Telecom Ministry that the Ruias-led group held only 2.15% stake in Loop Telecom at the time of obtaining 2G licence.
In a letter, the Registrar of Companies (Mumbai) has pointed out that "the Essar Group, directly or indirectly, held only 2.15% of Loop Telecom, as on 3.9.07, i.e. the date on which the application was made to DoT for UAS licence".
When contacted, a senior official in the MCA confirmed the communication and said, "We have only provided the DoT with what they had asked us. As on that particular date, Essar held that much (2.15%) stake in Loop, as per documents available with us, and we have forwarded the same to DoT."
The RoC letter also said that "documents of the company do not substantiate "Associate" relationship between "Essar Group and Khaitan Group" as alleged.
The CBI has been investigating as to whether Loop Telecom was an associate of Essar thus, acting as a front for the Essar Group, in obtaining the nation-wide UASL licence and 2G spectrum in 2007.
When contacted Telecom Secretary R Chandrashekhar told PTI that a communication has been received from the MCA and the same was under examination.
As per 'substantial equity' clause of the licence, a company can not hold more than 10% in two operating licencees in same circle.
The DoT had written to MCA in January this year asking them to convey their categorical views/comments whether the clause 8 of UASL guidelines regarding substantial equity have been violated in relation to Loop Telecom.
Earlier in 2009 also, the matter was referred to the MCA which had said that Essar held less than 10% (within permissible limits) equity in Loop Telecom.
The RoC has also observed that Essar group have been a net borrower from Khaitan group during March 2006 and September 2007. The contention that Essar had given a huge loan of Rs 1,647 crore STPL (now Loop Telecom) to acquire indirect and beneficial stake in Loop Telecom "appears to be not tenable".
The MCA in its letter dated April 2011 has also clarified that investment in non-convertible debentures cannot be treated as on par with equity participation.
