Insolvency & Bankruptcy Code to be main tool for bank debt resolution
Listen to this Article
While some of the banks have shown their keenness in pursing the plan proposed by a committee headed by PNB chairman Sunil Mehta, which prepared Project Sashakt, a section in the government believes that the move will once again give discretionary powers to bankers, something that the IBC has done away with.
"Things like the inter-creditor agreement (ICA) are good elements of the report, which banks have decided to adopt and the government too does not have a problem with. But the finance ministry is not favourably inclined towards the AMC concept," said a source, who did not wish to be identified.
The committee had submitted its report to the finance ministry a few months ago and there has been little movement beyond ICA. The government is distancing itself too, saying the entire arrangement was between banks and it did not have anything to do with the report or its implementation.
Sources told TOI that the government was of the view that bankers were not wellequipped to manage corporate assets. "It is best left to the owners. What is the need for bankers to get into it? They have no experience in doing that. It is best to take it through a legally laid-down process, which is beginning to show results," a source said.
Project Sashakt was seen as an alternate mechanism to push through resolution of large assets and improve recoveries for banks, which have to deal with ARCs that offer low payouts. The idea was to push through resolution during 180 days and with AMCs managing the assets and banks as partners, the panel had hoped that lenders would be able to realise better value. #casansaar (Source - TNN, Economic Times)
Category : Insolvent Professional | Comments : 0 | Hits : 661
The National Company Law Tribunal (NCLT) on Monday ordered insolvency proceedings against media baron Subhash Chandra on a plea filed by Indiabulls Housing Finance. A two-member Delhi bench of the NCLT directed initiation of personal insolvency proceedings against Zee Entertainment Enterprises Ltd (ZEEL) Chairman Emeritus Chandra, who was a guarantor for a loan given to Essel group firm Vivek Infracon Ltd. The NCLT bench, consisting members Ashok K Bhardwaj and Subrata K Das,...
IBBI invites suggestions to simplify, ease & reduce cost of compliance of Regulations notified under IBC
The Insolvency and Bankruptcy Board of India (IBBI) invites suggestions/comments from public and regulated entities, on the Regulations for simplifying, easing and reducing cost of compliance. The suggestions are invited in pursuance of the announcement made in the Union Budget for FY 2023-24 by the Union Finance Minister: “To simplify, ease and reduce cost of compliance, financial sector regulators will be requested to carry out a comprehensive review of existing regulations. For th...
Govt considers giving financial creditor status to insurers issuing surety bond during resolution
To make surety bond business more attractive, the government is looking at making relevant changes in the Insolvency and Bankruptcy Code (IBC) to consider insurers as financial creditor in case of default of infra projects. The surety bond issued by a general insurance company is a three-party contract by which one party (the surety) guarantees the performance or obligations of a second party (the principal) to a third party (the obligee). The surety is a company that provides the fina...
The National Company Law Tribunal Delhi recently observed that the Insolvency and Bankruptcy Code cannot be used as a recovery tool. “We are of the view that in the present case the applicants are already having demands drafts of amount exceeding the defaulted amount in this petition and moreover IBC cannot be used as a tool for recovery; the settlement has been arrived between the parties. The amount has been paid in excess of the default amount and Ld. Counsel for the applicant has al...
India’s turbulent aviation sector will likely see another player go belly up with Go First of the Wadias filing for voluntary insolvency before the National Company Law Tribunal (NCLT). The budget carrier said it is cancelling all flights on May 3, 4, and 5 and will refund the full fares to the passengers. The Directorate General of Civil Aviation (DGCA) has questioned the cancellation and issued a show-cause to the airline. Go First has been asked to submit its response within 24 ho...


Comments