Business Standard

Numetal might challenge demand on dues by Essar Steel lenders

- ISHITA AYAN DUTT

Numetal is looking at legally challengin­g the demand for payment of dues by Essar Steel lenders as a cure for its ineligibil­ity to bid for the insolvent company.

The lenders to Essar Steel have asked two bidders from the first round, ArcelorMit­tal and Numetal, to clear dues in this regard within seven working days from Wednesday. As far as Numetal is concerned, dues on account of Essar will have to cleared due to Rewant Ruia's indirect and minority exposure in the consortium through Aurora Enterprise­s. Rewant Ruia is the son of Ravi Ruia, vice-chairman of Essar Group.

Numetal said it had argued before the committee of creditors (CoC) that it was a fully eligible resolution applicant under the Insolvency and Bankruptcy Code (IBC). Neither Numetal nor its shareholde­rs have any loan dues with any creditors in India. Aurora, which had minority shareholde­r interest with 25 per cent equity in Numetal, neither had a management role or any right to directorsh­ip in the company. "Neither Aurora nor its beneficiar­y has any loan irregulari­ties with Indian lenders and banks. In any event, Numetal's other shareholde­rs have already bought out Aurora's shareholdi­ng in the company," the company said. The Resolution Profession­al (RP) had decided both ArcelorMit­tal and Numetal were ineligible in the first round under the IBC. Numetal was found ineligible as Ravi Ruia, promoter of Essar Steel, was deemed to be acting in concert. Also, Ravi Ruia had executed bank guarantees.

ArcelorMit­tal was declared ineligible as it had a 29.05 per cents take inUtt am Gal va Steel s and its head,LN Mitt al, a personal shareholdi­ng in KSS Petron. Both companies were classified as non-performing assets for more than a year.

ArcelorMit­tal sold its stake inUtt am Galva andLN Mitt al inKaz St roy Service( K SS ), ahead of the bid for Essar. However, thiswasdee­med ineligible by the RP because it was a promoter of Uttam Galva in the records of stock exchanges. It has since been declassifi­ed as a promoter.

Both bidders had moved the Ahmedabad Bench of the National Company Law Tribunal, which remanded the first rounds of bids back to the RP and CoC for reconsider­ation, poinying to payment of the overdue amount as a cure for ineligibil­ity.

Newspapers in English

Newspapers from India