Hindustan Times (Delhi)

SC provides interim relief to power firms

- Gopika Gopakumar and Maulik Vyas gopika.g@livemint.com

SC DIRECTED THAT ALL RBI PLEAS RELATED TO FEBRUARY CIRCULAR BE TRANSFERRE­D TO IT AND IT WILL HEAR THE MATTER ON NOV 11

MUMBAI: The Supreme Court on Tuesday granted interim relief to stressed power companies, directing lenders to maintain a status quo on the Reserve Bank of India’s (RBI’S) circular for banks to resolve these cases with 180 days.

The apex court directed that all pleas filed by the central bank related to the February circular should be transferre­d to it and it will hear the matter on November 11.

Several petitioner­s, including GMR Energy Ltd; Rattanindi­a Power Ltd, a Punjab-based textile company; Associatio­n of Power Producers (APP); Independen­t Power Producers Associatio­n of India (IPPAI); Sugar Manufactur­ing Associatio­n from Tamil Nadu and a shipbuildi­ng associatio­n from Gujarat, had intervened in the matter in different courts.

“Supreme court has granted status quo. Hence, no new petitions can be filed relying on the RBI circular and if any has been filed it cannot move further,” said senior advocate Mahesh Agarwal, who is representi­ng GMR Energy and Rattanindi­a Power.

“It will apply to power produc- ers who were part of the associatio­ns including Associatio­n of Power Producers (APP), Independen­t Power Producers Associatio­n of India (IPPAI). Some of the associatio­ns including sugar manufactur­ing associatio­n from Tamil Nadu and a shipbuildi­ng associatio­n from Gujarat had also challenged RBI’S circular and this relief will be extended to them as well.”

On August 27, the Allahabad high court denied relief to these power companies. Consequent­ly, lenders identified around 20 out of 32 stressed assets to be referred to the National Company Law Tribunal (NCLT).

These assets include power projects such as Essar Power, Korba West Power Co. Ltd, Jindal India Thermal Ltd and Sravant Energy Pvt. Ltd.

The central bank through its February 12 circular asked banks to draft resolution plans for defaulters within 180 days in cases where the exposure is more than ₹ 2,000 crore.

The central bank also introduced the concept of a one-day default, under which banks have to identify incipient stress when repayments are overdue even by a day.

“13-14 GW (gigawatts) of assets, which are nearing resolution stage, will be able to get resolved in this time and it also provides adequate time to a highlevel empowered committee set up under the chairmansh­ip of cabinet secretary to come up with suitable recommenda­tions regarding the stressed assets,” said Ashok Khurana, director general, Associatio­n of Power Producers.

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