The CoC of Essar Steel has divided operational creditors of the company into two types -- one with claims under Rs 1 crore and another above Rs 1 crore
The company was to set up a six-million-tonne greenfield steel mill there
Essar Steel's operational creditors with claims of over Rs one crore Wednesday alleged that the committee of creditors of the debt-ridden firm has been "monopolised" by its financial lenders and sought equal treatment on par with them. CoC can not "arbitrarily discriminate" between the operational creditors with claims under Rs one crore and above Rs one crore under the Insolvency & Bankruptcy Code, they said in a public notice published in newspapers. Questioning the classification of operational creditors by the lenders, they wondered as "how has COC decided the cut off figure of Rs one crore between the same class of admitted Operational Creditors?" As per the Rs 42,000 crore resolution plan for Essar Steel by the global steel giant ArcelorMittal, operational creditors having claims below Rs one crore will get their dues and those with claims of over Rs one crore will receive almost zero. "CoC is interpreting IBC in the narrowest, totally self-serving and one-sided un-balanced .
ArcelorMittal's entry in to India could be delayed; SC asks NCLAT to expedite hearing in the issue
The order may delay Arcelor's plans to purchase the steel mill, which can produce 10 million metric tons of the metal annually and make Arcelor the fourth-biggest player
NCLAT had on March 20 asked the resolution professional of Essar Steel to call a fresh meeting of the CoC to consider the redistribution of funds from ArcelorMittal's resolution plan
Essar Steel has a steel making capacity of close to 10 million tonnes that is supported by a 20 million tonne pellet-making capability
The lenders to debt-ridden Essar Steel had approached the apex court on Monday challenging the NCLAT's March 18 and March 20 orders
Last week in a meeting of the committee of creditors, lenders agreed to set aside Rs 1,000 crore more for operational creditors
The challenge for RPs is to determine how to keep the company a 'going concern' without giving in to all the demands from operational creditors
CoC meeting on redistribution of funds, payment to StanChart currently underway, to conclude by Friday
Appellate tribunal refuses to stay implementation of Arcelor's plan
RP to ensure company remains a going concern, to start implementation of plan, says NCLAT
The bench said there is no stay on the Resolution Professional of Essar Steel to disburse the funds among financial and operational creditors of the company
StanChart said it was being offered 1.7 per cent of its total dues from Essar's resolution plan, while other financial creditors, forming part of the CoC, were getting 85 per cent of their dues
Appellate tribunal observations came during Essar promoters' plea against NCLT approval for ArcelorMittal plan
Dissenting financial creditor Standard Chartered also moves NCLAT challenging NCLT's Friday order
Standard Chartered Bank has also approached the appellate tribunal against the order
The National Company Law Tribunal (NCLT) approved steel giant ArcelorMittal SA's takeover bid for debt-ridden Essar Steel.
However, two-member bench upholds RIL's plea by directing Essar Steel's resolution professional to consider its claims for dues worth Rs 16 crore