Insolvency and Bankruptcy Code delays pit NCLAT against NCLT, BFSI News, ET BFSI

[ad_1]

Read More/Less


Worried by the rising number of appeals before it, the National Company Law Appellate Tribunal (NCLAT) has said that there is a need to introduce a provision granting it supervisory power over the NCLTs across the country.

Due to the lack of such powers under the present laws, several people who are aggrieved by the National Company Law Tribunal (NCLT) are compelled to approach it by filing an appeal before it.

International Recreation

The appellate tribunal observation came while passing an order passed over a petition filed by the resolution professional (RP) of International Recreation and Amusement, who was aggrieved of frequent adjournments being granted by the NCLT and re-notifying the matter time and again.

According to RP, a resolution plan is pending approval before the Delhi bench of NCLT since 2019 and the matter has been adjourned as many as 18 times.

“This is not the first case of such nature,” said a two-member NCLAT bench headed by Acting Chairperson Justice B L Bhat.

The appellate tribunal further said: “There is a need to introduce a provision in the legal framework to vest power of superintendence and control qua National Company Law Tribunals in this Appellate Tribunal.

“Due to lack of supervisory jurisdiction many aggrieved persons are compelled to adopt the route of filing the appeal though there is no order on merit,” it said.

NCLAT has directed NCLT to “take a call and pass an order on merit with regard to the Resolution Plan pending consideration before it within two weeks”.

It has asked to send a copy of this order to the NCLT.

NCLT had initiated an insolvency process against International Recreation and Amusement, which had operated India’s first Amusement Park “Appu Ghar”, which was triggered on August 3, 2018.

K S Oils

Recently, the National Company Law Appellate Tribunal (NCLAT) directed to initiate the liquidation process of edible oil company K S Oils Ltd and set aside an NCLT order passed against it. Terming it “unfortunate”, the appellate tribunal observed that even after the lapse of 981 days and repeated compliance by the Resolution Professional to initiate the liquidation process, the NCLT had not considered it.

“The Appeal is allowed and the impugned order dated January 1, 2021, passed by the Adjudicating Authority (NCLT) is set aside and at the same time the order for initiation for liquidation of the Corporate Debtor Ms. K.S.Oils Ltd is also allowed. The Corporate Debtor- K S Oils shall liquidate in the manner as laid down in Chapter-III of the Code,” it said.

Earlier, on January 1, 2021, the Indore Bench of the National Company Law Tribunal (NCLT) had dismissed the application filed by the RP of the debt-ridden company to initiate liquidation against K S Oils after it could not attract a buyer within the permissible time frame.

Leading bank SBI, one of the CoC Member, on behalf of joint lenders forum who collectively holds 76.53 per cent had moved NCLAT based on which the appellate tribunal had on November 18, 2019, directed lenders to consider revised plans if any within two weeks and directed NCLT to pass appropriate order in accordance with the law.

Delays

As on September 30, 2021, out of the 1,942 ongoing insolvency resolution cases as of September 30, 2020, as many as 1,442 have been stretched beyond 270 days, while 349 such cases have been pending for periods of more than 180 days but less than 270 days.

The 221 CIRPs that saw resolutions took an average of 375 days for the conclusion, exceeding the maximum 330 days permitted. The 914 cases under liquidation took on an average 309 days for the conclusion.



[ad_2]

CLICK HERE TO APPLY

IBC is less of resolution and more of liquidation, BFSI News, ET BFSI

[ad_1]

Read More/Less


Bankers feel that they are not getting a good price under the Insolvency and Bankruptcy Code, which has seen dismal recoveries in many cases.

IBC is not the right solution. It is a resolution tool. If there is no resolution, automatically it goes to liquidation. That is a big problem. Resolution can be made if the underlying business is robust, says Siby Antony, chairman of the ARC Association of India.

He says banks feel that they are not getting the right price in IBC.

“Alok Industries was thought to be a very good asset but went for 17%. Binani Cement, Essar Steel were robust businesses and saw interest from strategic investors. But there are hundreds of assets where there is no interest from investors. These are smaller assets,” he said.

The status of IBC cases

Out of the total 3,774 cases or corporate insolvency resolution processes (CIRPs) filed since the Insolvency and Bankruptcy Code (IBC) came into existence in 2016, 1,604 cases, or 43 percent have closed, by way of resolution, liquidation or other means. The rest 57 percent are ongoing with many overshooting the 330-day maximum time limit.

Of the 1,604 closed cases, only 14 percent have found a resolution, whereas 57 percent have ended in the liquidation of the companies.

Interestingly, the 72% cases of CIRPs ending in liquidation were already defunct and under the Board for Industrial and Financial Reconstruction.

About 312 cases have been closed on appeal or review or settled, 157 have been withdrawn; 914 ordered for liquidation and 221, saw approval of resolution plans.

The recovery rate for resolved cases under IBC is 44% with Rs 1.84 lakh crore recovered so far of the Rs 4.13 lakh crore admitted claims.

In case of the 12 large defaulters identified by RBI, the creditors recovered Rs 1.36 lakh crore from eight cases that have been resolved so far, with recoveries ranging from as low as 17 percent of claims in the case of Alok Industries, to almost 100 percent for Jaypee Infratech.

N Kamakodi, MD & CEO of Citi Union Bank said he preferred the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFESI) over IBC.

“Since our focus is more on SME lending, we have control over the assets of the borrower. Hence, most of our resolution plans are through SARFAESI action more than the IBC.”

He added, “What is more important is whether the borrower has the skin in the game. When you want to sell it as a going concern and when there is a sufficient value, then IBC is preferable. But if the borrowers’ skin in the game is less, then the SARFAESI is a better option.”

The delays in NCLT

The 221 CIRPs that saw resolutions took an average of 375 days for the conclusion, exceeding the maximum 330 days permitted. The 914 cases under liquidation took on an average 309 days for the conclusion.

As on September 30, 2021, out of the 1,942 ongoing insolvency resolution cases, as many as 1,442 have been stretched beyond 270 days, while 349 such cases have been pending for periods of more than 180 days but less than 270 days.
As on September 30, 2021, out of the 1,942 ongoing insolvency resolution cases, as many as 1,442 have been stretched beyond 270 days, while 349 such cases have been pending for periods of more than 180 days but less than 270 days.

As on September 30, 2021, out of the 1,942 ongoing insolvency resolution cases, as many as 1,442 have been stretched beyond 270 days, while 349 such cases have been pending for periods of more than 180 days but less than 270 days.

Recently, the National Company Law Appellate Tribunal (NCLAT) directed to initiate the liquidation process of edible oil company K S Oils Ltd and set aside an NCLT order passed against it. Terming it “unfortunate”, the appellate tribunal observed that even after the lapse of 981 days and repeated compliance by the Resolution Professional to initiate the liquidation process, the NCLT had not considered it.

Leading bank State Bank of India, one of the Committee of Credit (CoC) Member, on behalf of joint lenders forum who collectively holds 76.53 per cent had moved NCLAT based on which the appellate tribunal had on November 18, 2019, directed lenders to consider revised plans if any within two weeks and directed NCLT to pass appropriate order in accordance with the law.

Bad bank challenge

The government is planning to set up a bad bank and an asset management company (AMC). Loans greater than Rs 500 crore which have not been declared fraudulent will be transferred to the bad bank. It is likely that the assets would not be subjected to IBC in the first instance, and the AMC will first try and revive these companies or package the loans to an investor.

Bad Bank
Bad Bank

Also, creditors of several companies had signed the Inter Creditor Agreements (ICA) and may continue negotiation under the framework roping in distressed asset investors. Also, most of the ICA cases will have loans greater than Rs 500 crore, which will be transferred to the bad bank. MSME will be outside the scope of IBC pending notification of the designated framework.



[ad_2]

CLICK HERE TO APPLY

As Covid-led bankruptcies loom, govt readies pre-packaged insolvencies, BFSI News, ET BFSI

[ad_1]

Read More/Less


The government is likely to bring a pre-packaged insolvency resolution process across the board in light of an anticipated rise in bankruptcies due to the pandemic.

According to reports, the government is likely to start with micro, small and medium enterprises.

As bad loans are feared to top 13.5% of total advances due to the pandemic such a move has become urgent, experts said.

The government has been mulling the introduction of the provision for pre-packaged (pre-pack) corporate insolvency resolution plan wherein a restructuring plan would be agreed upon in advance between the company and its creditors.

In the Budget for 2021-22, Finance Minister Nirmala Sitharaman said the government will introduce alternative methods of debt resolution and a special framework for micro, small and medium enterprises.

What is pre-packaged insolvency?

Under the pre-packaged process, main stakeholders like creditors, shareholders and the existing management or promoter can come together to identify a prospective buyer and negotiate terms of a resolution plan, before submitting it to NCLT for formal approval.

Experts say it will help expedite the resolution process for stressed assets as well as reduce the number of insolvency-related cases before the National Company Law Tribunal (NCLT).

Last year, the corporate affairs ministry sought comments on pre-packaged resolution plans.

The pre-pack process will cut short time spent at the NCLT, and the consequent delay in implementation of a workable resolution plan.

Help for MSMEs

A sub-committee of the insolvency law panel had recommended making available pre-pack for all corporate debtors in a phased manner. It had highlighted its need for micro, small and medium enterprises, which have simpler structures and fewer liabilities than the large corporates.

Cut load, timelines

A pre-packaged insolvency resolution scheme would drastically reduce the timeline for the corporate insolvency resolution process thereby saving time, money and resources.

It would also cut the workload of overburdened NCLT significantly as there would be a reduction in unnecessary pleas from stakeholders during proceedings.

It will, in turn, have a positive effect on the value maximisation for the creditors.

Mounting cases

From December 1, 2016, till the end of September last year, total 4,008 CIRPs (Corporate Insolvency Resolution Processes) have commenced under the IBC.

Out of the total, 473 CIRPs have been closed on appeal or review or settled, 291 have been withdrawn, 1,025 have ended in orders for liquidation and 277 have ended in approval of resolution plans, as per data compiled by the IBBI.

Post the pandemic, there will be an urge to close the pending cases and there will be a significant increase in new stressed cases and introducing the pre-packaged IBC at this time will boost the economy and allow quick closure of the pending and upcoming cases.



[ad_2]

CLICK HERE TO APPLY

The elephant is ready to dance, says SBI’s Dinesh Kumar Khara, BFSI News, ET BFSI

[ad_1]

Read More/Less


For the first time the intrinsic value of the State Bank of India is being acknowledged by the market, says Dinesh Kumar Khara, Chairman, SBI, in an interview with Nikunj Dalmia of ET NOW.

Things are looking up for SBI. It is the only large bank which has raised capital and where the moratorium numbers are surprisingly better than what even private banks have reported. What helped you?
We have not raised any equity. But we raised tier two bonds and tier one bonds as well. But for both the issues, we could create a benchmark and even raise some MTN also where the pricing was much lower than that raised by any Indian corporate in the recent past. That way, we have demonstrated to the world at large that global economies also have got confidence in India. That is one very important part.

The second part is that for the right kind of risk, people have enough appetite for investing and that is what has happened. Coming to the other question relating to quality, for the last couple of years, maintaining the balance sheet strength has been our major focus and that is the reason when it comes to our corporate book — the legacy book — we have provided almost 89%. In terms of the resolution percentage which happens through various channels and the one-time settlements which would be through the National Company Law Tribunal (NCLT), leaving aside a couple of outliers where we had actually realised almost about 90-95%, on an average our recovery percentage is in the range of 20 to 25%. If you go by that, we have made provision for about 89% of our corporate book.

So, we have factored in the potential shocks as far as the asset book is concerned. That is one of the major reasons why we are in a position to showcase much better quality. Apart from that, the underwriting practices have improved quite significantly. We have brought in place another intermediary layer known as the Credit Review Department. From the point of view of the corporate book, it has gone a long way in terms of improving our asset quality. We took this initiative about three years back. That has started paying off very well. The other aspect is about the collection effort on the ground and that has also been supplemented very well.

What is your view on the economy? Things are looking up now?
Yes, I fully agree with you. The kind of things that have happened right from the day of the pandemic and the way RBI came in and ensured that there should be enough liquidity all around — was a major game changer. That gave a whole lot of confidence in the financial sector entities and the next step was to ensure that NBFCs should not get into some kind of a liquidity crunch.

I would also say that the initiatives taken by the government to ensure that enough cash is left in the hands of those who really need it was another major step. All said and done, in the first quarter, we had seen a situation where there was hardly any economic activity but nevertheless, we had seen that some of the core sectors like iron and steel had started responding well.

From the second quarter onwards, we started seeing the unlock happening and even in the first quarter when there was a lockdown in the majority of the towns in the country, the rural economy was thriving, That was a major plus. From the second quarter onwards, wherever unlocking was happening, there was a definite revival of economic activity.

The third quarter saw confidence coming back. The news about the vaccine in the very beginning of this calendar year and the start of the vaccination process on January 16 went a long way in terms of rebuilding confidence.

Today, some of the sectors like auto, iron and steel, auto ancillaries, all the OEMs, some of the cotton exporters are all thriving. On top of it, the recent Budget announcements have been made to give a push to the infrastructure sector. It will certainly give a further boost to sectors like steel, cement. These are the core industries and when they get into the growth path, naturally the whole economy moves on to the growth path. It is expected that the GDP growth in year FY21-22 would be around 11%.

Normally we have seen that the credit growth in the system is slightly better than the growth in GDP. So, normally we will take a multiplier factor of 1.1. So with that kind of a situation for 11% GDP growth, I expect the credit growth to be somewhere around 12% to 13%.

Right from the beginning, at State Bank of India, we have seen our retail asset books continuing to grow at a very healthy pace. Not only that, the quality has been very good as well. These are some of the factors which gives me a very happy feeling about the economy and as well as the banks.

The challenge for SBI is that you have to take care of all the social obligations as ultimately State Bank of India is the country’s bank. On the other hand, what is good for social obligations is not good for shareholders. How would you manage?
I do not think so, I would not subscribe to this thought that what is good for the social obligation is not good for the shareholders. I believe in coexistence of all the sub segments of society. Even there, we have come across situations where when we lent money for supporting the social obligations, it has gone a long way in terms of supporting the economy.

For instance, when we started our Jan Dhan Account, it was a zero balance account. Any bank, if they had a near-term perspective, would have seen it more as a liability and as an expense. But we went ahead and opened all those accounts, and today the average balance in each of these account is not less than Rs 2000. That means that we have been in a position to channelise the savings of the largest sub segment of the economy and you would probably agree that it will go a long way in terms of formalising this economy.

With the economy set fot 11% GDP growth, I expect the credit growth to be somewhere around 12% to 13%.Dinesh Kumar Khara

Once the formalisation happens, it is for the good of the banking system. We have to look at it in these terms and similarly when we are supporting people for setting up their ventures through various activities which could be even Mudra loans etc, it is generating employment on ground. As far as the quality of these advances are concerned, it is a journey we have to guide them through. We have created financial literacy centres all across the country. The idea is to really educate people about the benefit of borrowing and repaying on time. It is an investment for building up this economy and the more we invest, the more we will reap the fruits going forward.

How did you convince your employees to stay motivated during the pandemic? The ATMs never dried up, the bank accounts were always working. People’s money was safe. We are looking at an army of about 200,000 people.
In this fight against Covid, all of us were together. We have always communicated with them, we have conveyed to them that we are equally concerned and also we ensured that they follow the protocol right from day one. So depending upon the local administration guidelines in terms of how many people can come and attend the offices, we always ensure that we are fully compliant with the local administration and ensure that our people should follow all the protocols required for maintaining safe distance.

Secondly, our leadership constantly communicates with the workforce and very proactive steps are taken to ensure that the anybody who has suffered from Covid, is extended the treatment in time. We have health workers in our system who have proved their worth quite a lot during this period. They have ensured that not a single person goes unattended.

At the corporate centre, we are very closely monitoring what is the kind of a situation all across the country and wherever required, we have guided them on ground. Partly, it was the precautions taken by people, partly management and our employees being cognisant of the fact that we have to render uninterrupted services and ensure that the wheel of the economy keeps moving. It was a national cause and we demonstrated that we are very much part of this fight against Covid and we will see to it that the economy does not suffer.

Did you get a smile on your face when you saw State Bank of India stock going up 15% after the numbers were out?
Of course! It was a big morale booster and it so happened on that day I was meeting the leadership of all the circles and I could see the enthusiasm in their mind and perhaps they all acknowledged the fact that for the first time the intrinsic value of the State Bank of India was being acknowledged by the market.

I am using a tag line saying elephants can also dance. Is the State Bank of India ready to dance now?
I would say that we have gathered the required muscles for any elephant to dance. For dancing, the muscle has to be very strong so that is something which we are focussing on for quite some time and now I think we are in a position to dance.

So let us define what is in front of you. Muscle is CASA which you already have. There is a clear path to economy. Let us put the two together. Are you on the brink of a new credit cycle?
Yes, we have thought about how we should move forward. The retail engine is doing pretty well and so we will continue to consolidate on that. When it comes to the corporates, I would say that the SME and the large corporates would be the two. Capacity utilisation as of now is upward 55% in the economy. When I slice my book on corporate advances, 70% would be about term loans and 30% would be on account of the working capital. Normally, capacity utilisation and the working capital go in sync. As the capacity utilisation improves, the working capital availment starts improving.

As of now, the working capital availment is not very high and that will be addressed. Secondly when the capacity utilisation moves towards say 70-75%, people will start looking for creating new capacity and that is when we will start seeing a lot of new investment proposals. It is not that we do not have investment proposals. We have got a very excellent pipeline when it comes to the infrastructure and road sector, but this pipeline will actually grow and that will show up in our credit growth numbers also.

Also, what we have seen is that when it comes to small ticket loans, co-lending is perhaps the way forward and that is how we would like to support our smaller SMEs. I would say that we have invested well in terms of creating our capability in terms of addressing the need of the economy and we are actually very eagerly waiting for the moments when we can start lending in a very big way.

Are you consciously trying to be number one in all the subsidiaries also with the exception of life insurance?
I would put it like this. We would like to have our natural market share. For all the financial sector activities, what matters most is the distribution. We in State Bank of India have the largest distribution network of more than 22,000 branches, various sub-segments of the financial sector for instance, insurance — both life and non-life — generally have a preponderance of the agency channel. Our companies also have those channels. They have got the additional advantage of the bancassurance.

Similarly, when it comes to the asset management company, we have all the channels. We are into bank, IFA, we are into national distribution and we are also in corporate distributions. We are ensuring that all our companies are equally vibrant. In addition to that, they should have very active bancassurance channels, working like a second engine for all of them. It is my natural ambition that we should be all number one.

The home loan market is a very competitive one. You are growing a market where competition is large and technology is at play. Why are you so keen to grow that business?
In a portfolio, there are various sub components. I feel home loan is one such activity which actually encourages the core sector quite a lot. Unless and ,until home loan grows, the core sector growth can get stagnated. Being the largest player and having the largest reach, we are trying to see how we can improve the efficiency in operations.

Efficiency in operations will help us in cutting our costs. Our credit cost is already quite low as far as home loans are concerned. If at all, operating costs also come down and with the kind of CASA which we have, we would be rather the market leader in terms of pricing also. That is what my ambition is and I would actually like to price home loans at a right price point. A very large population of the country still has an aspiration to own home and the younger generation is also aspiring for home at a much early stage than earlier generations.

With transparency in pricing, we were in a position to encourage such people to come forward and acquire homes and help them to accomplish their dreams.

Do you think home loan rates and fixed deposit rates in India have bottomed out ?
When it comes to liabilities, the rates are also a function of the inflation and more so in a economy like ours where a very large population does not have the benefit of any kind of a social security. For them, the interest earned on the fixed deposit of the bank or for that matter the postal deposit is he main source of earning on an ongoing basis. We have to keep in mind the interest of a very large segment of depositors in mind but at the same time it is a very fine balance which we have to maintain. Ours is a growing economy. We have to ensure that the interest rate for the lending also should not go up significantly. That is something which keeps all of us busy in ensuring that the fine balance is always maintained.

We should be in a position to maintain the interest rates on deposits and may be home loan for some more time to come at this rate, but as far as deposit rates are concerned, it seems to have bottomed out.

One fault line and which is a legacy problem for SBI is the cost to income ratio. It is a challenge which you have inherited. How would you address that challenge?
I fully acknowledge that this is a major challenge and I would like to also mention that there are certain rigidities in the cost structure of the bank. I would rather like to focus more on the income stream. We have got about 23000 odd branches and we have started investing quite a lot in terms of the business correspondents (BC) and customer service point kiosks (CSP) also. Today we have got about 79,000 odd CSP kiosks. Wherever possible, we were trying to keep cost in check.

Secondly, we would like to significantly improve the income stream from each of these branches. I have actually given a call to my top leadership team to identify opportunities through which they will generate more and more income. It can be locker income, it can be cross sell income, it can be any fee-based income. For each of the branch, there will be a focus for generating income.

What about YES Bank?
When we went into YES Bank, the market reacted quite negatively for our stock but when we look back, it was a major step in ensuring the financial stability in this economy. If we start evaluating that decision, the way the bank is coming back on track, I would say it was the right decision at the right time.

But it will remain an investment and whenever the time comes, you would like to monetise it?
It will remain an investment but the time to monetise is not now.

Two-three years?
Time will tell how the market will be at that point of time. But nevertheless, I always believe that price is a refraction of the intrinsic value. Once the bank is on the right track, the market will reward it.

How do you want the world to remember your legacy? What is your vision?
Legacy is a derivative of what a particular leader does. From that point of view, I would say that I have got a very sharp focus on ensuring that the efficiency of operations are excellent and that should get reflected in the numbers in due course.

How has life changed for you in the last four-five months? Anything that keeps you wake up at night?
Discipline is very integral to the functioning of any CEO and that continues to be my area of focus also. But I have earmarked some time for myself and I normally try to stick to that. But if it involves travelling etc. then I have to compromise. So, there is a slight change in my disciplined behaviour or the schedule but apart from that, many of the priorities for the bank that keeps on engaging my mind and every new day is a new day for me.

What is the lighter side of Dinesh Khara which nobody knows?
I will have to think more about it, I do not know if at all I have any lighter side.



[ad_2]

CLICK HERE TO APPLY

RBI approves Piramal’s resolution plan for DHFL

[ad_1]

Read More/Less


The Reserve Bank of India is understood to have approved the resolution plan for Dewan Housing Finance Corporation Ltd (DHFL) submitted by the Piramal Group.

“We understand that the RBI has approved the DHFL resolution plan from Piramal Capital and Housing Finance, submitted by the Committee of Creditors,” Piramal Enterprises Ltd said in a statement on Thursday.

The CoC will now take the proposal to the National Company Law Tribunal.

Also read: DHFL posts net loss of Rs 13,095.38 crore in Q3

Piramal Capital and Housing Finance Ltd had emerged as the successful bidder for debt laden DHFL in January this year.

The total consideration for DHFL was ₹34,250 crore, which includes an upfront cash component of ₹14,700 crore and a deferred component of ₹19,550 crore, PEL had said in its third quarter results, adding that the acquisition is in line with its strategy to diversify its loan book and increase granularity.

According to the resolution plan, Piramal will merge its existing financial services business with DHFL. The merged entity is expected to focus largely on the retail real estate and lending space.

[ad_2]

CLICK HERE TO APPLY

After banks, regulators to appeal against NCLT order, BFSI News, ET BFSI

[ad_1]

Read More/Less


After banks, regulators, including the RBI, are set to appeal against an order of the National Company Law Tribunal’s (NCLT’s) Kolkata bench, which had allowed a moratorium on debt repayment by Srei Equipment Finance (SEFL). Some lenders have already moved the National Company Law Appellate Tribunal (NCLAT) to stay the order and appeal against it.

Banking sources told TOI that the RBI too will file a petition in the coming days as the NCLT had stopped all government or regulatory authorities from taking any coercive steps against the non-bank finance company, “including reporting in any form and/or changing the account status of the company from being a standard asset”.

“Credit rating agencies shall not consider any nonpayment to be a default and shall maintain the rating of SEFL at least that of investment grade,” an order issued late last month said.

The NCLT has asked the company to convene meetings of debenture holders, ECB lenders and perpetual debt instrument holders between May and July to work out a new scheme of arrangement. Earlier this month, CARE Ratings said it would continue to closely monitor the developments and is also seeking legal assistance.

SEFL had argued that the RBI allowed moratorium and loan restructuring for NBFC borrowers but finance companies were not given a moratorium. This along with the economic downturn in the wake of Covid-19, has led to an asset-liability mismatch, it argued.



[ad_2]

CLICK HERE TO APPLY

DHFL case: 63 Moons files application with NCLT

[ad_1]

Read More/Less


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.

[ad_2]

CLICK HERE TO APPLY

Transstroy India fraud allegations, Canara Bank, CBI

[ad_1]

Read More/Less


A consortium with Canara Bank as a leader and 13 other banks was formed in 2013 and the total limit sanctioned was Rs 4,765.70 crore. (Reuters Image)

Transstroy India, the Hyderabad-based infrastructure company has come under the Central Bureau of Investigation (CBI) scanner over allegations of fraud and involving lending by a consortium of banks. The sums are huge.

According to a statement by Canara Bank, the leader in a consortium with 13 other banks “though the total limit sanctioned was Rs 4,765.70 crore, the share of Canara Bank is only Rs 678.28 crore.” But other than state its extent of involvement, it also says that “the account was declared as fraud and reported to the Reserve Bank of India (RBI) on February 10, 2020.”

However, Sridhar Cherukuri, the chairman and managing director, and the CEO of Transstroy India, denies any wrongdoing by the company. “There is no fraud in the company and we could not pay the money because in the Polavarum irrigation project, the Andhra Pradesh government overnight invoked and encashed our bank guarantees worth over Rs 900 crore and that is why the account has become an NPA (non-performing asset). There is no fraud and these are all allegations,” he says.

There is also the component of political connection. Cherukuri is related to Rayapati Sambasiva Rao, formerly with the Congress and later with the Telugu Desam Party. Though Cherukuri maintains “let the investigating authorities do their job and the truth will come out”.

Those who have tracked the banking sector and lending to the infrastructure sector, say this case of Transstroy India (the company apparently derives its name from a Russian technical partner) has again put into focus the existing provisions and
the extent to which banks have appropriate checks in place and questions that now emerge. While, it is wrong to conclude that all are fraudsters or that every lending to infrastructure company is fraught with dangers, but it is a no brainer that lenders ought to be exercising caution. But then, do they? After all, this is not the only company that has come under the CBI or any
regulatory scanner in recent years despite enough and more laws and provisions in place for lenders to safeguard their interests.

Consider this: Following the news of the CBI inquiry into Transstroy India, Canara Bank “in reference to the news item circulating regarding alleged fraud to the tune of Rs 7,926 crore by M/s Transstroy India Ltd,” clarified that “in a consortium with Canara Bank as a leader with 13 other banks formed in 2013 and the total limit sanctioned was Rs 4,765.70 crore, the share of Canara Bank is only Rs 678.28 crore.”

The note also says that “the company was enjoying limits from various banks under Multiple Banking Arrangement from 2001. Subsequently, a consortium with Canara Bank as a leader with 13 other banks was formed in 2013.” The account, it says, was declared as fraud and reported to the Reserve Bank of India (RBI) on February 10, 2020. Canara Bank, it adds: “has made I00
per cent provision for this account as per the prescribed prudential norms.” The company, it says, was “already declared as a wilful defaulter on December 26, 2018 by our Bank.”

Also, “out of Rs 7,926.01 crore fraud amount appearing in the press note, the amount of lending made by all the 14 consortium members is Rs 4,765.70 crore. The remaining amount was lent under Multiple Banking Arrangement.”

Wider Worries

Even as the appropriate authorities investigate the matter, the questions that now emerge are around due diligence. To what extent was this done in a methodical manner at the stage of approving the loan? How was the arrangement on the security tie-up and the nature of the collaterals sought? If the promoters extend personal guarantees, how is the net worth assessment done of the promoters? Also, in this context what is the extent to which the tax returns of the promoters were reviewed and whether it is only on the basis of the disclosures made by the promoters? All of them are crucial safeguards, in case a company goes belly up.

Also, was the Trust and Retention Account (TRA) Mechanism set in motion? This is a provision to safeguard the interests of a lender for an infrastructure project and a mechanism to control the cash flow and ensure funds are not siphoned off from the operations. Was the system of having an independent engineer appointed by the bankers to monitor the construction and usage of funds and whether monthly reports were submitted stating these?

On the point about 100 per cent provisioning that Canara Bank talks of, it is arguably a good accounting practice and in tune with the established norms. But then, its note also says: “The case was referred to National Company Law Tribunal (NCLT) and was admitted by NCLT, Hyderabad on October 10, 2018, and that the company is under the process of liquidation.”

This again begs the question: before the case was referred to NCLT, what were the steps taken by the consortium of bankers to recover the money from the promoters? Apparently, it is answers to these that will ensure banks not only stay healthy but are also not caught off-guard.

Get live Stock Prices from BSE, NSE, US Market and latest NAV, portfolio of Mutual Funds, Check out latest IPO News, Best Performing IPOs, calculate your tax by Income Tax Calculator, know market’s Top Gainers, Top Losers & Best Equity Funds. Like us on Facebook and follow us on Twitter.

Financial Express is now on Telegram. Click here to join our channel and stay updated with the latest Biz news and updates.



[ad_2]

CLICK HERE TO APPLY

DHFL lenders likely to meet again this week to discuss bids

[ad_1]

Read More/Less


DHFL had total assets amounting to Rs 79,800 crore as of March 2020, as per its annual report.

By Ankur Mishra,

The committee of creditors (CoC) of Dewan Housing Finance Corporation (DHFL) is likely to meet again this week to discuss bids submitted by the suitors, sources close to development told FE. Lenders had earlier met on Friday & Saturday and sought few clarifications from Oaktree Capital and Piramal Enterprises which needs to be responded to by Monday.

While Oaktree Capital had offered a total of Rs 36,646 crore, Piramal Enterprises had offered Rs 35,550 crore for DHFL’s entire book. Adani Properties had submitted a total bid of Rs 33,110 crore for the company.

FE had reported earlier that Piramal Enterprises was offering to pay Rs 1,054 crore more as cash upfront than Oaktree capital in the latest round of bidding. Piramal Enterprises has offered to pay Rs 12,700 crore, while Oaktree is willing to make a cash payment of Rs 11,646 crore. Adani Properties has offered a cash payment of Rs 10,750 crore in its bid.

While Oaktree has offered to pay Rs 21,000 crore of debt over seven years, Piramal Enterprises has said it will pay Rs 19,550 crore in 10 years. Adani Properties has offered to convert Rs 19,110 crore into debt, payable in 7 years.

CoC, had earlier, called for fresh bids, without opening those submitted in the third round after the National Company law Tribunal (NCLT) stayed the resolution proceedings on a petition filed by the National Housing Bank (NHB). Later, the CoC agreed to consider bids submitted in the third round, even as there was an option to improve their offers in the fourth round of bidding.

The admitted claims of financial creditors from DHFL are at Rs 87,120 crore as on September 10. State Bank of India is the lead creditor with claims of Rs 10,083 crore, followed by Bank of India which has claimed Rs 4,126 crore. Among others, Canara Bank has claimed Rs 2,682 crore while National Housing Bank (NHB) has claimed Rs 2,434 crore. DHFL has been undergoing insolvency proceedings at the NCLT in Mumbai since December 3.

Get live Stock Prices from BSE, NSE, US Market and latest NAV, portfolio of Mutual Funds, Check out latest IPO News, Best Performing IPOs, calculate your tax by Income Tax Calculator, know market’s Top Gainers, Top Losers & Best Equity Funds. Like us on Facebook and follow us on Twitter.

Financial Express is now on Telegram. Click here to join our channel and stay updated with the latest Biz news and updates.



[ad_2]

CLICK HERE TO APPLY

1 5 6 7