Hindustan Times (Patiala)

NCLT wants Assam Co. bidding norms revised

- Soumonty Kanungo

A suitor for Assam Co. India Ltd—the country’s oldest surviving and perhaps most prized tea company (in terms of assets), now going through insolvency resolution—has successful­ly petitioned the National Company Law Tribunal (NCLT) to dilute eligibilit­y conditions for bids.

Mumbai-based M K Shah Exports Ltd, a leading exporter of tea, had moved the Guwahati bench of the tribunal, arguing that the condition that bidders must have a minimum tangible net worth of ₹400 crore could potentiall­y lead to sub-optimal resolution of insolvency.

M K Shah cited the financials of leading tea producers such as Warren Tea Ltd, James Warren Tea Ltd, Goodricke Group Ltd and Jay Shree Tea & Industries Ltd, and argued that the tangible net worth of each of these companies was less than ₹300 crore. M K Shah itself had a tangible net worth of ₹200 crore, according to its filings with the tribunal.

“This means that none of the major players in the tea industry in India will be able to participat­e in the insolvency resolution process”, the tribunal observed in its order, while declaring that the minimum tangible net worth requiremen­t of ₹400 crore was “arbitrary and illegal”.

The April 26 NCLT order directed the resolution profession­al and the company’s lenders to reconsider the qualifying conditions “in the interest of fair play”.

Resolution profession­al T Kannan declined to comment, saying the verdict was being reviewed by law firm Khaitan & Co. If he chooses to challenge the verdict, he could take the line that at least five top tea companies have already submitted expression­s of interest (EoIs). The last date for submitting EoIs was 26 April.

Plantation companies that have submitted EoIs are Luxmi Tea Co. Ltd, Warren Tea, M K Shah, Dhunseri Tea & Industries Ltd and the Apeejay Surrendra Group.

 ?? MINT ?? M K Shah Exports Ltd had moved the Guwahati bench of the tribunal to dilute eligibilty conditions for bids
MINT M K Shah Exports Ltd had moved the Guwahati bench of the tribunal to dilute eligibilty conditions for bids

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