NCLAT stays voting by Bhushan Power & Steel lenders on finalising bids
Listen to this Article
The National Company Law Appellate Tribunal (NCLAT) also pulled up the Resolution Professional (RP) of the company, Mahendra Kumar Khandelwal, for not following its previous orders to allow the representatives of operational creditors to attend the meeting.
The appellate tribunal also said that it would consider whether contempt of court proceedings should be initiated against the RP in the next hearing.
A two-member bench headed by Chairman Justice S J Mukhopadhaya directed him to be present in the next hearing.
The CoC should not proceed with the meeting at present. If the meeting is fixed today, let it be adjourned for two days. Let the matter be listed on Friday, NCLAT said.
It said all the parties including operational creditors should have been informed about the meeting, and stayed it for not following the rules.
RP would be personally present in the next hearing on July 20 and we will see if proceedings of contempt of court should be initiated against him or not, the bench said.
The NCLAT also asked Liberty House, a resolution applicant, to submit clarification sought by the RP over its eligibility criteria under the Insolvency & Bankruptcy Code (IBC).
Liberty House may give clarification to RP and CoC over clarification sought on compliance of 29 A of IBC, the bench said.
During the proceedings, senior advocate A S Chandioke, appearing for Liberty House, submitted that on July 11 RP gave a 19 page checklist seeking the company's compliance on 29 A of IBC.
It is not clear as to what clarification is to be given under 29 A if the resolution applicant has given all information. He is not supposed give any further information. If any clarification is required to be taken then it has to be taken at CoC meeting in which the applicant would be called, the bench observed.
Senior advocate Sanjeev Sen, appearing for operational creditors, submitted that their representative was not allowed to attend the meeting.
We were not sent the notice for the meeting. Our representative is not allowed and our suggestions are not taken, he said, adding that there are 1,700 operational creditors and all would be wiped out if their money is not recovered.
Earlier, the company's lenders had rejected the resolution plan submitted by Liberty House citing delay, following which the UK-based group had moved the National Company Law Tribunal.
The NCLT had on April 23 directed BPSL's lenders, led by PNB, to consider the bid submitted by Liberty House.
This order was later challenged by Tata Steel, another resolution applicant of BPSL, before NCLAT -- the appellate tribunal. #casansaar (Source - Business Standard)
Category : Corporate Law | Comments : 0 | Hits : 546
Ashneer Grover, former managing director of BharatPe, has moved the National Company Law Tribunal (NCLT), Delhi, alleging opression and mismanagement at the company. The case came up for hearing on December 6, wherein his lawyer sought additional time to address the tribunal on maintainability. The case will be heard next on January 11. According to the plea, reviewed by Moneycontrol, Grover has filed the plea against BharatPe holding company Resilient Innovations and 11 of its directors i...
Over 96,000 companies have wound up their operations in the past five years, according to the Ministry of Corporate Affairs. Businesses opt for winding up for various reasons, including financial unviability. From April 1, 2018 to March 31, 2023, as many as 96,261 companies exited voluntarily, invoking a section in the Companies Act, according to a report in the Mint. According to the data from the ministry, under the Insolvency and Bankruptcy Code (IBC), final resolution orders have be...
Three board members of Ed tech company Byju’s resigned on Thursday, June 22. According to reports, Peak XV Partners' GV Ravishankar, Prosus' Russell Dreisenstock and Chan Zuckerberg Initiative's Vivian Wu have stepped down from their responsibilities from the board. The company spokespersons have denied reports dismissing them as speculative. Meanwhile, The Ken has reported that Byju’s auditor’s Deloitte Haskins & Sells had also stepped down with immedi...
The Enforcement Directorate has accused Amway India Enterprises of running a multi-level marketing scam, while attaching its assets worth Rs 757 crore on Monday, including its factory in Tamil Nadu’s Dindigul district and bank balances of Rs 346 crore. The agency said its money trail against Amway revealed that the company had collected Rs 27,562 crore from its business operations from 2002-03 to 2021-22. Out of this, Amway paid a commission of Rs 7,588 crore to its distributors and m...
The Insolvency and Bankruptcy Board of India (IBBI) has issued a fresh set of rules to fast track voluntary liquidation by companies under the Insolvency and Bankruptcy Code (IBC). The amendments to the IBBI (voluntary liquidation process) regulations notified on Tuesday sharply cuts short the time allowed to complete various procedures, showed an official order. As per the new regulations, the timeline for preparation of list of stakeholders by liquidators has been shortened to 15 day...


Comments