Mauritian Wadia group may play role in Go First saga

Mauritian Wadia group may play role in Go First saga

New Delhi: A Mauritius-based Wadia group company that together with its affiliates indirectly holds a stake in Britannia Industries could take centre stage in a face-off between Go First‘s bankers – some of whom want collateral provided by that company overseas for loans taken by the airline to be included in a common security pool, … Read more

Recovery through IBC to get better as macros look up: RBI

Recovery through IBC to get better as macros look up: RBI

The Reserve Bank of India (RBI) believes that the Insolvency and Bankruptcy Code (IBC) is probably the best mechanism for creditors to recover their dues and said the right way to look at its effectiveness would be to compare the resolution value to the liquidation and not the total loans. RBI, in the latest report … Read more

Govt appoints 15 judicial, technical members at NCLT

Govt appoints 15 judicial, technical members at NCLT

The government has appointed a total of 15 judicial and technical members at the National Company Law Tribunal (NCLT), which is grappling with a shortage of judges. The NCLT adjudicates matters related to the Insolvency and Bankruptcy Code (IBC) and companies law. As many as 9 judicial members and 6 technical members have been appointed … Read more

Deep haircuts: Comparing realisations with outstanding loans not reasonable to assess IBC effectiveness, says RBI DG

Deep haircuts: Comparing realisations with outstanding loans not reasonable to assess IBC effectiveness, says RBI DG

Seeking to address concerns over the deep haircuts taken by banks in some of the insolvency resolutions, Reserve Bank Deputy Governor M Rajeshwar Rao on Saturday said comparing the outstanding loan amounts with the value realised may not be a ‘reasonable indicator’ to assess the bankruptcy law’s effectiveness. Admitting that there have been concerns, Rao … Read more

Liquidation as “going concern” gains traction

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Company liquidation as a “going concern”, instead of winding it up and selling the assets bit by bit, is gaining traction, as it helps fetch higher value for creditors while saving the livelihood of employees. The Ahmedabad chapter of the National Company Law Tribunal (NCLT) last week passed an order clearing the liquidation of an … Read more

IBBI proposes code of conduct for committee of creditors; seeks public comments

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Seeking to bring in more transparency, the Insolvency and Bankruptcy Board of India (IBBI) on Friday proposed a code of conduct for the committee of creditors under the insolvency law. IBBI, a key institution in implementing the Insolvency and Bankruptcy Code (IBC), has also proposed further measures to strengthen the regulatory framework for liquidation process. … Read more

NCLT has jurisdiction to adjudicate disputes solely relating to insolvency of corporate debtor: Supreme Court

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The Supreme Court on Monday held that the NCLT has jurisdiction to adjudicate disputes, which arises solely or relates to the insolvency of a corporate debtor. The top court, however, cautioned the National Company Law Tribunal (NCLT) and its appellate tribunal (NCLAT) to ensure that they do not usurp the legitimate jurisdiction of other courts, … Read more

IBC to trump PMLA in case of corporate debtors, not wrongdoers: SC

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New Delhi: In a ruling that will have a bearing on several high-profile insolvency cases, the Supreme Court has clarified that proceedings against a corporate debtor over money-laundering charges would end once a resolution plan is approved, but continue against wrongdoers in the erstwhile management. A three-judge bench led by Justice RF Nariman recently clarified … Read more

Rescuing firms, not shutting them prematurely, should be the goal of IBC: CAG

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(This story originally appeared in on Oct 02, 2020) NEW DELHI: Comptroller and Auditor General G C Murmu has a word of advice for the government as it prepares for a new insolvency landscape for the post-Covid phase. The federal auditor said the Centre should be mindful of preserving the lives of companies and livelihood … Read more

Congress stoking fears among farmers; MSP regime will continue: Prakash Javadekar

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A day after Haryana and Punjab witnessed massive protests against the new farm laws and SAD left NDA, I&B minister Prakash Javadekar said some political parties were misleading farmers and politicising the reform move. In an interview with Vasudha Venugopal, he accused the opposition of resorting to “undemocratic methods” to register their protest in Parliament … Read more