Hindustan Times (Patiala)

RBI can’t demand priority for debt cases at NCLT: HC

- Maulik Pathak

The Gujarat high court on Friday objected to the Reserve Bank of India (RBI) saying that the National Company Law Tribunal (NCLT) would accord priority to bankruptcy proceeding­s it has recommende­d against Essar Steel Ltd and 11 other loan defaulters.

RBI lawyers replied that it was a mistake in drafting a statement that had recommende­d expediting the proceeding­s at NCLT, adding that it would issue a corrigendu­m withdrawin­g the line.

The high court’s observatio­n and the response by RBI lawyers came on a day the court adjourned until July 13 a case filed by Essar Steel against the central bank recommendi­ng the launch of bankruptcy proceeding­s against the company.

In a June 13 statement, RBI said “such cases will be accorded priority by NCLT”.

The adjournmen­t halts further proceeding­s on an insolvency petition filed against Essar Steel at the Gujarat bench of NCLT until after July 12, and leaves the fate of RBI’s debt resolution exercise in the balance.

RBI has recommende­d bank- ruptcy proceeding­s against a total of 12 loan defaulters, which account for a quarter of the nonperform­ing assets clogging up India’s banking system.

The company told the court that it had faced a serious downturn in its steel business in the past on account of a shortage of gas supply for its factory located in Hazira, Gujarat, as well as other economic factors, including the dumping of steel by makers of the alloy from countries like Russia, China, South Korea and Taiwan.

Laywer Mihir Thakor, who appeared for Essar Steel, claimed that the company was on the path of recovery. The plant is working at 80% capacity and the company has annual turnover of about ₹20,000 crore, he said. The company had cleared debt to the tune of ₹3,467 crore in the past one year, added Thakor.

RBI, after receiving sweeping powers to resolve bad loans through an amendment to the Banking Regulation Act, directed banks to refer the 12 identified cases directly to NCLT for resolution under the Insolvency and Bankruptcy Code.

RBI’s criterion was that the total banking exposure of the company should be at least ₹5,000 crore and 60% of this exposure should have turned non-performing by March 2016.

 ?? MINT/FILE ?? The Gujarat high court adjourned until July 12 a case filed by Essar Steel against the RBI recommendi­ng the launch of bankruptcy proceeding­s against the company
MINT/FILE The Gujarat high court adjourned until July 12 a case filed by Essar Steel against the RBI recommendi­ng the launch of bankruptcy proceeding­s against the company

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