Hindustan Times (Delhi)

‘IRP must engage with the homebuyers and be their voice’

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The IDBI bank had moved the National Company Law Tribunal (NCLT) for insolvency proceeding­s against Jaypee Infratech for default of a loan of about Rs 526 crore. Namrata Kohli speaks to Sumant Batra, India’s leading insolvency lawyer who is representi­ng Anuj Jain, Insolvency Resolution Profession­al in the Jaypee Infratech case. Edited excerpts: into account the concern of buyers. In Jaypee Infratech, the IRP put together an excellent communicat­ion plan to engage with flat buyers and keep them informed and upto speed in the first two weeks through FAQS, media announceme­nts and responding to their queries.

He also kept all authoritie­s which flat buyers were approachin­g, fully informed. IRP had planned to constitute a separate committee of stakeholde­rs and invite the flat buyers to nominate representa­tives to attend its meetings. Now, the Supreme Court has appointed two representa­tives of homebuyers to attend the meetings of committee. an The Supreme Court has directed the IRP to present an interim resolution plan within 45 days. He has started working on the contours of an interim resolution plan to be presented to the Supreme Court which will take into considerat­ion all relevant factors including interim finance needed to continue the constructi­on of flats. Simultaneo­usly he has initiated the process to invite resolution plan from interested parties in accordance with the resolution process under IBC. In any insolvency resolution, a sustainabl­e resolution of insolvency is possible only if the interest of all stakeholde­rs is balanced or equitably addressed. IBC requires that a resolution plan approved by creditors must mandatoril­y provide for continuity of affairs of insolvent company. It also provides for enormous flexibilit­y in designing the resolution plan to achieve this goal.

The creditors who have to vote on the plan are unlikely to approve a plan which is neither realistic nor can be sustained if it excludes the interest of key stakeholde­rs such as that of the large number of flat buyers.

In resolution process, there is no priority prescribed as such for consumers.

Only dissenting financial creditors (there are over 15 banks and financial institutio­ns with IDBI in the forefront) and operationa­l creditors (suppliers of raw material/services) get paid ahead of others at liquidatio­n value. But there is nothing that restricts the party proposing the plan and creditors to approve a plan where interest of other stakeholde­rs is given priority. The IRP is not obliged to service the bank loans during the insolvency process. His job is to step in to stabilize the business and ensure it is not dis- rupted. His duty is to make sure the business continues and the value of assets is preserved. In other words, he has to endeavour to continue the developmen­t work for the period of six months of his term.

Eventually, someone will put forward a resolution plan which will provide for completion and delivery of flats. IBC allows interim finance to be raised to continue the constructi­on work and preserve value of assets. Also, under IBC, interim finance is treated as cost of resolution process and gets paid ahead of any other payment.

There are other options which will be presented by the IRP to the Supreme Court as part of the interim resolution plan. Only when the liquidatio­n is likely to realise better returns for creditors than resolution will the creditors opt for liquidatio­n. In cases of real estate insolvenci­es, resolution and not liquidatio­n is the most likely outcome. I don’t see liquidatio­n as an option for cases like Jaypee. Of that profile and scale, yes. But there are others that are equally, if not more complex. Have faith in the Insolvency and Bankruptcy Code.

 ??  ?? Sumant Batra, insolvency lawyer
Sumant Batra, insolvency lawyer

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