Business Standard

Pramod Mittal firm’s RP wants Arcelor to pay dues

- DEV CHATTERJEE

In yet another hurdle for ArcelorMit­tal in its race to acquire Essar Steel, the resolution profession­al (RP) of Pramod Mittal’s GPI Textiles has written to the Committee of Creditors (CoC) of Essar Steel saying that ArcelorMit­tal should also pay the firm (GPI Textiles) its dues.

Pramod is the younger brother of LN Mittal.

The RP of GPI Textiles has also filed a caveat in the National Company Law Tribunal (NCLT) asking for a hearing before it clears the ArcelorMit­tal proposal.

Since Pramod is the younger brother of LN Mittal, he will be in the relative category, according to Section 29A of the Insolvency and Bankruptcy Code. Other than GPI Textiles, Pramod Mittal-owned companies — Gontermann Peippers, Ispat Profiles and Balasore Alloys — owe money to public sector banks.

When contacted, an ArcelorMit­tal spokespers­on declined to comment. But a source in ArcelorMit­tal said, “The company has already said on several occasions that there is absolutely no connection between ArcelorMit­tal’s eligibilit­y and the businesses of LN Mittal’s brother. The fact that ArcelorMit­tal has been selected highest (H1) bidder by the CoC of Essar Steel demonstrat­es that it has done what was required to satisfy the eligibilit­y criteria.”

The relations between the Mittal brothers was also raised in the Supreme Court by Numetal. The Supreme Court, in its order dated October 4, said, “We have been informed by (Harish) Salve that Pramod Mittal parted ways with LN Mittal as far back as 1994, and cannot therefore be regarded as a person acting in concert with LN Mittal. Since this aspect of the case has not been argued before the authoritie­s, though raised by Numetal before the Appellate Authority, we will not countenanc­e such an argument for the first time before this court.” Harish Salve was the senior advocate to ArcelorMit­tal.

The SC then ordered ArcelorMit­tal to first pay the dues of the two defaulting companies — Uttam Galva Steels and KSS Petron — before becoming eligible to bid for Essar Steel.

It ordered Numetal also to clear dues. With no clear directions from the apex court, lenders of Pramod’s companies are expected to raise the default issue before the NCLT and National Company Law Appellate Tribunal.

The new hurdle for ArcelorMit­tal comes at a time when Essar Steel’s banks are voting on the proposals made by ArcelorMit­tal and Vedanta. While ArcelorMit­tal has offered ~390 billion to banks, Vedanta has offered ~340 billion.

Both have promised to infuse additional funds into the company. The voting results are expected on Thursday.

The letter by the RP of GPI Textiles means that more litigation is in store as the lenders to Pramod’s companies would try to get their funds from ArcelorMit­tal which paid around ~75 billion for the dues of Uttam Galva and KSS Petron.

 ??  ?? Since Pramod Mittal ( pictured) is the younger brother of LN Mittal, he will be in the relative category, according to Section 29A of the IBC
Since Pramod Mittal ( pictured) is the younger brother of LN Mittal, he will be in the relative category, according to Section 29A of the IBC

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