‘Lenders can’t tag IL&FS firms as NPAS’

NEW DELHI: No bank or financial institution can declare the accounts of debt-ridden Infrastructure Leasing and Financial Services (IL&FS) and its group companies as non-performing assets (NPAS) without National Company Law Appellate Tribunal’s (NCLAT) permission, the appellate tribunal said Monday.

A two-member NCLAT bench, headed by Chairman justice SJ Mukhopadhaya, said that this is done in the interest of IL&FS debt resolution plan.

“No IL&FS or its subsidiaries’ account to be declared NPA by any financial institution without approval from NCLAT,” the appellate tribunal said.

The tribunal’s direction came during the hearing over the government’s plan for the resolution of IL&FS group companies.

During the last hearing on February 11, NCLAT had allowed 22 companies of IL&FS group, which were classified in the green category based on their financial health, to service their debt obligations. It had also approved the appointment of former Supreme Court judge Justice DK Jain to supervise the resolution process of crisis-hit IL&FS and its group companies.

The appellate tribunal also lifted the moratorium and allowed 133 IL&FS firms incorporated outside India to continue with the resolution process. IL&FS group companies are classified into three groups— green, amber and red—based on their financial positions. The companies falling under green category will continue to meet their payment obligation. While the companies which can not meet obligations, but can meet only operational payment obligations to senior secured financial creditors are classified as amber. The red category includes entities which can’t meet their payment obligations towards even senior secured financial creditors.