A Delhi court on Wednesday termed as 'deemed proper' the service of summonses via SMSes, e-mails and affixation by the CBI to Essar Group promoters Anshuman and Ravi Ruia and Loop Telecom promoters I P Khaitan and Kiran Khaitan in an offshoot case of the 2G spectrum scam.

"It is submitted by the special public prosecutor (U U Lalit) that the service may be deemed proper, though Mukul Rohatgi, senior advocate (appearing for Ruias), submits that the four accused have not been served properly. In view of the material on record, service deemed proper," Special CBI Judge O P Saini said.

Seeking exemption from personal appearance for Ruias, Rohatgi said he was appearing despite the fact that his clients, at present in UAE, have not been 'properly' served with the court summonses.

The court, which granted exemption from appearance to Ruias and Khaitans, said though the summonses were not served personally on them but "the process was done by affixing summonses on their addresses and through SMSs and e-mails."

While granting reliefs, it considered the fact that the CBI did not object to the pleas.

The court asked the counsel for the accused to remain present during the judicial proceedings.

The fifth accused, Vikash Saraf, Essar Group director (Strategy and Planning) appeared in the court and moved his bail application which would be heard on March 17 after the CBI files its response to the plea.

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