INSOLVENCY CODE
Insolvency resolutions likely to clock a fresh record in FY25: IBBI chief
The Insolvency and Bankruptcy Code (IBC) is seeing a rise in resolved cases, with a focus on innovative approaches and transparency to improve recovery rates. Efforts to save firms from liquidation and address delays in resolution processes are being emphasized by regulators and industry experts.
Ensure transparency, faster resolution under IBC for better recovery: IBBI chief
The Insolvency and Bankruptcy Board of India (IBBI) is a key institution in implementing the IBC, which came into force in 2016. Mital asked the insolvency professionals to complete the resolution process fast and ensure that the assets are sold as a going concern.
NCLT orders insolvency proceedings against Simbhaoli Sugars
NCLT initiated insolvency proceedings against Simbhaoli Sugars Ltd after a 2018 petition by Oriental Bank of Commerce, now part of PNB. Anurag Goel is interim resolution professional. Default: Rs 130 crore (November 22, 2017). Simbhaoli operates in Uttar Pradesh, sells Trust brand sugar, and its shares fell on BSE. CIRP initiated by Allahabad Bench. Filing occurred on Friday.
Release four engines to lessor: NCLT to Go First resolution professional
The NCLT has directed Go First's resolution professional to return four engines to lessor Engine Lease Finance BV, citing a Delhi High Court ruling. This decision adds to the challenges facing the grounded airline's insolvency resolution process. The tribunal has adjourned the matter to August 9 to allow time for further instructions from lessors' counsel. A revised resolution plan has been submitted, reducing the offered amount to ₹195 crore. The DGCA's deregistration of 54 planes earlier this year has complicated the situation for Go First.
Amtek Case: SC junks Arvind Dham's plea against personal insolvency proceedings
The Supreme Court has dismissed Arvind Dham's appeal against the initiation of personal insolvency proceedings, upholding the National Company Law Tribunal's decision. The proceedings were initiated by the State Bank of India due to Dham's default on debts totaling Rs 177.89 crore. Dham had argued that SBI's petition violated the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, but the court ruled against his appeal, affirming the legality of the insolvency process initiated against him.
Insolvency law fosters healthy credit culture: NFRA chief Pandey
On Tuesday, Ajay Bhushan Prasad Pandey, chairman of the National Financial Reporting Authority (NFRA), emphasized the importance of insolvency law for a healthy credit culture and its role in unlocking capital from unviable businesses for productive use through the resolution of bankrupt firms' stress. He highlighted that the Insolvency and Bankruptcy Code (IBC) has a significant role in strengthening the economy beyond just enabling lenders to recover dues from corporate debtors.
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Union Budget 2024: Good time to push disinvestment of public banks, says SBI report
Budget 2024: The State Bank of India (SBI) has suggested that the government should proceed with disinvestment of public sector banks (PSBs) as they are in good condition. The SBI's research report, titled 'Prelude to Union Budget 2024-25', argues for the consolidation of existing government-owned banks. The report also seeks clarity on the privatisation of IDBI Bank, which is being sold by the government and Life Insurance Corporation of India.
Key amendments to IBC, companies law likely in winter session
MCA will amend IBC and Companies Act, 2013 to expedite resolutions, reduce compliance burdens, and broaden CSR norms in the winter session. Changes include creditor-led mechanisms, wider pre-pack resolution, and stronger audits. Real estate-specific IBC regime is unlikely. Timely resolutions crucial; 68% of insolvency cases exceed 9 months; corrected timing improves creditor recovery, says Veena Sivaramakrishnan.
Wipro asks NCLT to junk Ivalua's insolvency plea
Wipro disputes Ivalua's insolvency plea over $100,000 unpaid dues for unfulfilled cloud services, seeking dismissal at NCLT.
Kapil Wadhawan moves NCLAT to challenge insolvency proceedings against him
Erstwhile Dewan Housing Finance promoter Kapil Wadhawan challenged NCLT order for personal insolvency proceedings, moved NCLAT. NCLT's Mumbai bench had directed the initiation of proceedings over Union Bank plea. NCLAT adjourned the hearing to July 18 and appointed Devendra Mehta as resolution professional. Wadhawan, guarantor of DHFL loans, faced insolvency proceedings in November 2019. DHFL acquired by Piramal Capital for Rs 34,250 crore, creditors recover Rs 38,000 crore.
IBBI introduces electronic forms for monitoring liquidation processes
IBBI introduces electronic forms to streamline liquidation, enhancing compliance. From record-keeping to distribution, the forms cover all stages. IPs face a deadline for ongoing cases under the new circular. The initiative aims to boost efficiency and accuracy in insolvency procedures.
Get InvITs under purview of bankruptcy law: SBI MD
SBI official, Ashwini Kumar Tewari, urges inclusion of Infrastructure Investment Trusts (InvITs) in the Insolvency and Bankruptcy Code for lender protection. Tewari is in discussions with the Reserve Bank and government for this initiative.
Reliance Cap resolution: NCLT to hear IIHL plea for deadline extension on June 20
The National Company Law Tribunal (NCLT) will hear a plea from Hinduja Group firm IIHL on June 20 for an extension of the deadline to complete Reliance Capital's resolution. IIHL, the successful bidder for Reliance Capital, seeks a 90-day extension beyond the May 27, 2024 deadline set by NCLT Mumbai for completing the Rs 9,650-crore resolution plan. Reliance Capital, the financial services arm of Anil Ambani Group, had its board superseded by the RBI in November 2021, and IIHL's resolution plan was approved by NCLT in February 2024.
Regulator plans to ease compliance burden on insolvency professionals
The bankruptcy regulator, IBBI, aims to reduce the compliance burden on insolvency professionals overseeing stressed asset resolution without compromising accuracy. It plans to streamline reporting, deadlines, and centralize information on a single website for easier access by stakeholders.
ARC route being misused by "tainted" promoters: RBI deputy governor Rao
M Rajeshwar Rao stressed that asked the leaders of the ARC sector to ensure that the sector remains focused on course charted through legislative and regulatory intent and should ensure that any negative perception about the functioning and governance standards of the ARCs is dispelled.
IBC rescued 3,171 distressed companies in eight years: Sitharaman
Finance minister Nirmala Sitharaman on Thursday said the Insolvency and Bankruptcy Code (IBC) has rescued 3,171 distressed companies and assisted in the shutdown of unviable firms since its introduction eight years ago. This is a marked improvement from the resolution of stress in less than 3,500 firms under the erstwhile Board of Industrial and Financial Reconstruction (BIFR) regime in 30 years, she said, pitching the IBC as a landmark piece of legislation.
Timely rescue of firms pushes IBC recovery to 49%
Creditors in India have been able to recover nearly half of their claims under the Insolvency and Bankruptcy Code (IBC) when the resolution is completed within the 330-day deadline. However, delays have lowered the proportion of money recovered. The IBC was introduced eight years ago and has been the most challenging to address due to litigation-related holdups. Experts have called for amendments to the IBC to address this issue.
SBI to sell guarantees of Reliance Naval promoter
The bank, in a notice on its website, said that it has principal outstanding dues of Rs 1,160 crore and total dues of Rs 3,512 crore, as of May 31, 2024. The bank stated that it is seeking to assign the residual debt along with the guarantee. Nikhil Gandhi and his brother Bhavesh Gandhi have provided personal guarantees while SKIL Infrastructure provided corporate guarantees on the loan.
IBC recoveries down even as resolutions soar in FY24
The recovery from defaulters under the Insolvency and Bankruptcy Code (IBC) in India decreased in 2023-24 despite 42% more cases being resolved. The realisation for creditors from the resolution of stressed companies decreased to ₹47,653 crore from ₹55,449 crore in 2022-23. Long delays in resolution led to larger haircuts for lenders.
NCLT admits Srei's insolvency plea against Supreme Infrastructure BOT
The National Company Law Tribunal (NCLT) has accepted Srei Infrastructure Finance's request to commence a corporate insolvency resolution process (CIRP) against Supreme Infrastructure BOT due to its failure to repay a loan. Srei Infrastructure Finance had provided a term loan of Rs 150 crore to Supreme Infrastructure BOT for a duration of five years, earmarked for infrastructure projects.
Indian Oil completes Mercator acquisition
Indian Oil Corp Ltd (IOCL), India's largest oil marketing company, has successfully completed a Rs 148 crore acquisition of oil and gas company Mercator Petroleum through the insolvency and bankruptcy code (IBC). The deal, finalized on Tuesday, involved transferring the amount to lead lender Bank of Baroda (BoB). The Rs 148 crore transaction represents approximately a 31% recovery for the total admitted dues of Rs 482 crore.
GoFirst engine lessors to wait further; NCLT says it will study Delhi HC order
National Company Law Tribunal to decide on engine lessors for Go First after studying Delhi High Court order allowing lessors to repossess aircraft. Ministry of Corporate Affairs claims aircraft not under Insolvency and Bankruptcy Code. Tribunal grants 10 days for written arguments in land lease dispute with Mack Star Marketing Pvt Ltd.
RBI looks at asset reconstruction companies amid a flood of allegations
India's central bank is set to hold a meeting with top management from asset reconstruction companies (ARCs) to discuss corporate governance and stressed-asset resolutions. This comes amidst concerns about potential back-door entry by defaulting promoters. The meeting, scheduled for May 17 in Mumbai, will see the participation of all 27 registered ARCs, along with RBI executives. Allegations have arisen that ARCs may strike deals with defaulting promoters, allowing them entry at a steep discount, bypassing regulations.
NCLT approves Sapphire Media's acquisition of Big 92.7 FM
NCLT Mumbai approved Sapphire Media's plan for Big 92.7 FM, paying Rs. 261 crore to creditors. The resolution process began in February 2023 under the Insolvency and Bankruptcy Code, with a creditors' committee approving the plan on November 11, 2023.
Lenders seek RBI clearance to sell Jaiprakash Associates loan to NARCL
SBI-led lenders seek RBI approval to transfer JAL's ₹18,000 crore debt to NARCL for a ₹10,000 crore acquisition, impacting IBC processes and NCLT resolutions. Dalmia Cement offers ₹5,666 crore for JAL's units amid ongoing litigations.
FinMin studying Bombay HC order restricting PSBs from seeking look out circulars against wilful defaulters
The Finance Ministry is reviewing the Bombay High Court order banning public sector banks from seeking look-out circulars (LOCs) against wilful defaulters. The court deemed the order arbitrary and violative of a person's fundamental rights. The finance ministry is aware of the judgement and will assess it. The court held that an office memorandum empowering public sector banks to seek LOCs against default borrowers or their guaranteeees was unconstitutional.
SC overrules Bombay HC on jurisdiction of special courts in bankruptcy cases
The Supreme Court has clarified that special courts presided by a sessions or additional sessions judge can try complaints under the Insolvency and Bankruptcy Code 2016. The court set aside a Bombay High Court's decision that only special courts consisting of a metropolitan or judicial magistrate (JM) were empowered to hear complaints under the bankruptcy law.
Next-level tax & GST reforms, Rs 1 lakh cr to make India a global innovation hub: New govt's economic agenda for 100 days
The cabinet secretary has convened a meeting on Friday with officials from key economic ministries to outline the economic agenda for the initial 100 days of the incoming government following the general election. Discussions may encompass streamlining the goods and services tax (GST) rate structure, amendments to the Insolvency and Bankruptcy Code (IBC), and immediate economic challenges.
Go First gets another 60 days to complete insolvency process
A two-member bench of the Delhi-based NCLT admitted the request by the resolution professional (RP) of Go First, seeking an extension of the timeline to complete the corporate insolvency resolution process (CIRP).
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