Business Standard

CHINA DEVELOPMEN­T BANK FILES INSOLVENCY SUIT AGAINST RCOM

Telco defaulted on $1.78-billion loan it took from China Developmen­t Bank

- DEV CHATTERJEE

China Developmen­t Bank, which lent close to $1.78 billion to Reliance Communicat­ions, has filed an insolvency suit at the National Company Law Tribunal’s Mumbai bench after it defaulted on loans. Indian lenders would oppose the China Developmen­t Bank’s petition as they are already working on a debt resolution plan with RCom, said a banking source. The Chinese bank’s move comes weeks before Indian lenders are set to take a call on converting the Anil Ambani-owned firm’s debt worth ~45,700 crore into equity, and could lead to legal complicati­ons.

China Developmen­t Bank, which lent close to $1.78 billion to Reliance Communicat­ions (RCom), has filed an insolvency suit at the National Company Law Tribunal’s (NCLT’s) Mumbai bench after it defaulted on loans.

Indian lenders would oppose the China Developmen­t Bank’s petition as they are already working on a debt resolution plan with RCom, said a banking source. The Chinese bank’s move comes weeks before Indian lenders are set to take a call on conversion of the Anil Ambani-owned firm’s debt worth ~45,700 crore into equity, and could lead to legal complicati­ons.

According to the Insolvency and Bankruptcy Code (IBC), once a company is referred to the NCLT and if the court finds merit in the petition, then the court appoints a resolution profession­al and suspends the firm’s board of directors. The resolution profession­al then calls for bids for the company’s assets. Deloitte and Alvarez & Marsal are vying to become the insolvency resolution profession­al for RCom.

In a late evening statement, the company said they have not received any communicat­ion either from the China Developmen­t Bank or the NCLT as yet. “The company is engaged through the JLF with all its lenders for a successful resolution of the SDR (strategic debt restructur­ing) process. The China Developmen­t Bank has also been actively participat­ing in the JLF. The company is, therefore, surprised by the untimely and premature action of the China Developmen­t Bank of filing an applicatio­n at NCLT. The company continues to remain engaged with all lenders including the China Developmen­t Bank and is confident and committed to a full resolution with the support of all the lenders.”

The China Developmen­t Bank had earlier moved a petition against the RCom-Aircel merger in May to seek a road map from the company on how it would settle its loans. As the RCom-Aircel merger fell through, RCom had to withdraw the merger petition from the NCLT.

On June 13, the Reserve Bank of India had sent 12 large borrowers to the NCLT under the IBC for resolution.

But before that — on June 2 — RCom had won a reprieve from the Indian lenders, led by the State Bank of India, under a SDR plan. Under that, the firm’s principal and interest dues were frozen till December 2018. The RCom-Aircel of for the telecom transactio­ns ~11,000 SDR RCom plan towers crore. had merger was failed to to based But Brookfield shut and to as on materialis­e, down both sale the its by RCom wireless October. The are Indian currently telephony lenders negotiatin­g services and debt equity. the would While rate be at lenders converted which say RCom’s they into would current take market into price account for debt the conversion, that the debt RCom conversion is insisting should be as decided at the rate on of June ~24.71 2 — a the share, reference date of the SDR.

On Monday, RCom’ shares closed at ~13.35 a share and have lost 61.6 per cent value since January 1. The company has lost market value worth ~5,326 crore in the same period. Like all telecom companies, RCom was hit by free voice services offered by Anil Ambani's elder brother Mukesh Ambani’s Reliance Jio. The fierce competitio­n led to a collapse of call and voice rates in the Indian telecom market, which resulted in weak operators like Tata Teleservic­es and RCom to exit the industry. RCom shut down its 2G & 3G-based services to focus on enterprise business and sold its direct-to-home TV business. The company, which still services its 4G customers, even came out with a ‘zero write-off plan’ to the banks, which takes into account sale of its telecom tower business and real estate to repay loans. Earlier this month, the firm defaulted to pay interest on its bondholder­s overseas. Essar closes ~2k-cr Aegis sale The Essar group has concluded the sale of Aegis, its business process outsourcin­g unit, to Capital Square Partners for ~2,000 crore. The proceeds of the sale would be used to retire Essar’s debt.

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