DHFL case: Leprosy Foundation files urgent application with Delhi HC, listed for Friday

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Sasakawa-India Leprosy Foundation, which has over ₹8 crore stuck in fixed deposits in Dewan Housing Finance Corporation Ltd (DHFL), has filed an urgent application in the Delhi High Court.

This comes soon after the Reserve Bank of India gave its approval to the resolution plan by Piramal Group for DHFL.

The matter is listed in the Delhi High Court for Friday.

 

The Foundation had earlier moved a plea in the Delhi High Court in January, soon after the Committee of Creditors had approved the resolution plan by Piramal.

FD holders of DHFL have been opposing the resolution plan as many of them would get a negligible amount of their investments back. According to the plan, FD holders of up to ₹2 lakh will get their full money back. But of those above ₹2 lakh, only 25 per cent of the money due will be paid.

The Foundation had made the RBI, National Housing Bank its representatives and Indian government as parties to the affidavit. The matter would be heard next on March 5.

Meanwhile, the National Company Law Tribunal, Mumbai has clubbed all petitions pending for dues in the DHFL resolution plan and has listed it for March 15.

“All petitions have been tagged together and will be considered as objection to the resolution plan,” said Vinay Kumar Mittal, a lead petitioner in the court on behalf of FD holders of DHFL.

Three separate petitions by Mittal, Army Group Insurance Fund and Uttar Pradesh State Power Sector Employees Trust and Board of Trustees of Uttar Pradesh Power Corporation Contributory Provident Fund Trust were listed for hearing before NCLT, Mumbai on Thursday on DHFL resolution plan.

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Piramal wins race to acquire DHFL

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After multiple rounds of bidding and counter bids, Piramal Capital and Housing Finance Ltd has won the race to acquire Dewan Housing Finance Corporation Ltd. The voting by the Committee of Creditors ended today.

The debt resolution proposal submitted by Piramal received 94 per cent of the lenders’ votes, according to banking industry sources. The proposal submitted by Oaktree Capital is understood to have secured around 45 per cent of the votes. The official numbers will be disclosed by the DHFL administrator over the weekend.

“Total recovery comes to about 42 per cent (of the total creditors claim of about ₹81,000 crore). This recovery is very good under IBC process compared to many other accounts. The winning bidder is giving ₹12,700 crore upfront cash. Balance recovery is in the form of non-convertible debentures (NCDs), with a moratorium in the first two years and payable from the third year,” said a banker.

Twists & turns

The resolution process has gone through multiple twists and turns over the last few months. In the first round of bidding, Oaktree had emerged the highest bidder in terms of value, but the Adani group submitted an out-of-turn offer that was higher. This forced the bidders to call for another round of bidding.

As reported by BusinessLine earlier, Piramal had scored higher on the evaluation parameters of the CoC though both Oaktree and Piramal had submitted bids in the range of a little over ₹38,000 crore. However, Piramal’s overall score was 94 while Oaktree’s bid was given 85 points in the evaluation metrics scored by DHFL administrator. Oaktree had then questioned the evaluation metrics and had threatened to take legal recourse if the lenders did not give adequate consideration to its bid. On Friday, Oaktree did not comment on its future course of action as the official results of the voting are yet to be made public.

If Oaktree challenges the outcome, the actual recovery will take time. The bid resolution by Piramal will have to be ratified by the Reserve Bank of India and the National Company Law Tribunal.

This process could take 90 days under normal circumstances. However, there could be further delays if Oaktree challenges the lenders’ decision.

The case may then go to the Supreme Court. This will be another test case under IBC as DHFL is the first finance company to be referred to the NCLT by the Reserve Bank of India.

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DHFL case: 63 Moons files application with NCLT

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63 Moons Technologies has applied with National Company Law Tribunal (NCLT), Mumbai, seeking that the benefit of avoidance applications for about ₹30,000 crore filed by DHFL Administrator under section 66 of Insolvency and Bankruptcy Code (IBC) should come to Committee of Creditors (CoC), including non-convertible debenture (NCD) holders.

63 Moons holds over ₹200 crore NCD of debt ridden Dewan Housing Finance Corporation Ltd (DHFL).

“The application made by 63 Moons came for hearing before the tribunal on Thursday, which adjourned the same to January 13, 2021 for final hearing, while directing the parties to complete pleadings,” 63 Moons said in a statement.

Hopefully, NCLT should strike down any clause in the resolution proposal, contrary to RFP and IBC.

 

It pointed out that under the resolution plans submitted by Resolution Applicants, the benefit or the recovery amount arising from the avoidance applications will go to Resolution Applicant. This same resolution plan has been put up for voting.

63 Moons had earlier also filed a cheating case against DHFL’s former promoter Kapil Wadhawan. It had also said that Wadhawan’s offer to settle the claims by transferring his rights, title and interest in at least ten projects valued at ₹43,879 crore, should not be accepted.

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