While the group's debt resolution amount has been revised upwards, the timeline has seen a delay partly due to Covid-19, with an Italian bidder backing out of a road asset sale deal
Writes to DEA and Sebi for Covid-19 support fund for closed-ended debt schemes
That sale consideration payable to IL&FS excluding resolution process costs shall be credited into a designated escrow account intimated to the infrastructure lending group
The overall sectoral exposure to NBFCs, including housing finance companies, fell to 19% in March 2020
The cure might lie in things like improving market intelligence, responding to early signals, improving efficacy of prosecution, and understanding structures and inter-dependence, writes T N Ninan
The National Company Law Appellate Tribunal (NCLAT) on Thursday accepted a fresh distribution framework based on "pro-rata distribution" among creditors of debt-ridden IL&FS group from the proceeds of the sale, as suggested by the government. A two-member bench headed by Chairman Justice S J Mukhopadhaya said that the resolution framework should be "fair and equitable" and should ensure that interests of all stakeholders are considered and balanced. The appellate tribunal rejected the objections raised by the creditors, which wanted the NCLAT to follow Section 53 of IBC for distribution of funds, the appellate tribunal said that it would be against the public interest as the money invested by these public funds, in fact belonged to share and unit holders. "We reject the objections raised by some of the Creditors, as noticed above, we accept the suggestion of pro-rata distribution as suggested by Union of India and the procedure as suggested by it for the purpose of completing ...
Their tolerance to NAV fluctuations has been tested once too often. Opt for high-quality, low-risk portfolios
Debt capital markets continue to shy away from the shadow banking sector
The NCLAT on Wednesday dismissed the pleas of auditors of debt-ridden IL&FS -- Deloitte Haskins & Sells and KPMG arm BSR & Associates -- along with independent directors challenging their impleadment in the case of alleged fraud at a group firm IFIN. A two-member bench of the NCLAT upheld the directions of the Mumbai bench of the National Company Law Tribunal, saying it can not be termed as "illegal". The NCLT had directed them to implead the auditors and independent directors as party. The NCLT is empowered to pass order to implead them under Section 242 of the Companies Act, 2013 in a petition under Section 241(2) if "it forms opinion that the affairs of the company have been conducted in a manner prejudicial to the public interest", the appellate tribunal further said. "Once such opinion is formed by the Tribunal, it may pass any order as it deem fit and proper,"said the National Company Law Appellate Tribunal (NCLAT) bench headed by Chairperson Justice S J ...
The Department of Economic Affairs had earlier raised red signals over the likely collapse of IL&FS in a confidential note on September 30, 2018 and expressed concerns over its impact on the Indian economy, according to a latest affidavit filed by the corporate affairs ministry. The Ministry of Corporate Affairs (MCA) in the affidavit said the DEA had opined that if IL&FS group collapses, the Indian economy may have to face repercussions as redemption pressure would continue, debt market sell-off expected, may create liquidity crunch and NBFC licenses could be cancelled. "DEA had raised red signals of the likely collapse of IL&FS and had expressed its deep concern of such a collapse on the Indian economy," said MCA in the affidavit filed before the National Company Law Appellate Tribunal (NCLAT). Immediately after that, the MCA had moved the National Company Law Tribunal to take over the management of IL&FS, which had a debt exposure of over Rs 91,000 crore. According .
The government has approached the National Company Law Appellate Tribunal seeking additional 270 days to complete resolution process of 105 IL&FS group companies. The Ministry of Corporate Affairs (MCA) has also requested the appellate tribunal to release 55 other entities from moratorium, so that they can discharge their debt obligations. Certain protection and reliefs were granted to the 55 entities through an order passed by the National Company Law Appellate Tribunal (NCLAT) on October 15, 2018. In addition to the 55 entities, the ministry has also asked the NCLAT to release nine companies from the scope and operation of the October 2018 order, according to an affidavit filed by the ministry with the appellate tribunal. Lalpur Wind Energy, Etesian Urja, Khandke Wind Energy, Ratedi Wind Power, Wind Urja India, Tadas Wind Energy, Kaze Energy, Jharkhand e-Governance solutions Services and Infrastructure Development Corporation of Assam are the nine companies. "For the remaining .
The earlier order extended immunity to directors appointed by NCLT, also known as the 'New Board'
The NHAI also raised claims of Rs 145.33 crore, excluding interest, against the concessionaire on account of delays and other issues
Hearing a plea by Deloitte Haskins and Sells and KPMG arm BSR & Associates, the NCLAT on Friday reserved its order on the NCLT's jurisdiction over impleadment of auditors in the case involving alleged fraud in IFIN, a subsidiary of IL&FS. The two-member bench led by Chairman Justice S J Mukhopadhaya also sought a written submission from the Ministry of Corporate Affairs by Tuesday, to determine whether the NCLT has jurisdiction to initiate civil proceedings against any party. The Ministry of Corporate Affairs (MCA) had asked the National Company Law Tribunal (NCLT) to freeze the assets of the former auditors in the case involving alleged fraud in IFIN, a subsidiary of Infrastructure Leasing & Financial Services (IL&FS). Arguing for the government, a counsel said that impleadment is being sought to explain the conduct by auditors. He said all those persons who have been impleaded are directly attached with the affairs or the management of affairs of the company and ...
From FM Sitharaman announcing that talks are on with PMO to revive the slowing economy to slowdown in the auto industry, here are the top business headlines for Saturday
As of end March 2019, total assets stood at Rs 4,148 crore, a pale shadow of Rs 23,868 crore year-ago
IL&FS Engineering and Construction said on Thursday that Bangalore Elevated Tollway Pvt Ltd (BETPL) has been awarded an amount of Rs 492 crore towards claim filed by the company against the National Highways Authority of India (NHAI). IL&FS Engineering and Construction Company Ltd, an IL&FS group company, has 24 per cent stake in BETPL. IL&FS in a statement said it is entitled to about Rs 118 crore from the total claim awarded by the arbitration tribunal. BETPL is a special purpose vehicle (SPV) promoted for the development of four-lane elevated and six-lane road from Silk Board Junction to Attibele in Bengaluru. NHAI had awarded the project to BETPL on a built-operate-transfer (toll) basis in January 2006. The scope of project involved construction of a four-lane elevated highway. "BETPL had filed a claim against the NHAI in the tribunal as per the terms of the contract pertaining to matters related to additional cost incurred due to extension of construction period ..
Now that the consequences of the collapse of IL&FS are before us, the question worth asking is: Was the decision to let IL&FS fail a policy blunder as the Lehman decision was?
Bankers, NCLT said, failed to appear in the case relating to the IL&FS fraud despite repeated notices from the ministry of corporate affairs
The Enforcement Directorate (ED) has summoned MNS party chief Raj Thackeray in connection with its money laundering probe in the IL&FS alleged payment default crisis case, officials said on Monday. It had also called Unmesh Joshi, son of former state chief minister and Shiv Sena leader Manohar Joshi, in the same case after which he deposed before the central agency in Mumbai on Monday, they said. Unmesh Joshi's statement has been recorded under the Prevention of Money Laundering Act (PMLA), they said. Officials said the Maharashtra Navnirman Sena (MNS) chief has been asked to appear before the investigating officer of the case on August 22 at the agency's zonal office in Mumbai. The MNS dubbed as "political vendetta" the ED move to issue the notice to its cheif to join investigations. "Raj Thackeray created a sensation during the Lok Sabha poll campaign earlier this year. It had a significant impact on people and to avoid a similar challenge ahead of the Maharashtra Assembly ...