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NCLAT says any further action on Piramal's DHFL Resolution Plan subject to 63 moons plea
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SME Times News Bureau | 23 Jul, 2021
63 moons technologies on Friday said the National
Company Law Appellate Tribunal (NCLAT) clarified that any step taken in
the DHFL matter in furtherance of the resolution plan will be subject to
the outcome of its appeal.
The Mumbai-based fintech company said the NCLAT has set September 15 for final hearing on the matter.
At present, the NCLAT has not interfered at the interim stage.
Refusing
to stay implementation on Piramal's Resolution Plan after 63 Moons
opposed it, the NCLAT did not pass an interim order on the approved
resolution plan.
In a statement today, 63 moons technologies said
it will decide its future course of action after receiving a copy of
the order passed by the NCLAT.
63 moons had challenged NCLT's
approval of the resolution plan whereby Piramal had ascribed Re. 1 for
the potential recovery of Rs 45,000 crore of fraudulent transaction
recoveries at the cost of DHFL's creditors.
The company said,
"This sum is the amount that Wadhawans and others siphoned away from
DHFL by defrauding the creditors. This Rs 45,000 crore should come to
all the creditors including the NCD holders."
"63 Moons appeals
to the judicial conscience that if such fraudulent diversion of recovery
is allowed to accrue to new buyer, that too beyond the Insolvency and
Bankruptcy (IBC) process, it will set a precedence against the letter
and spirit of IBC code and this will be the most investor unfriendly
example at a time when India most needs to attract infinite global
capital for its growth. Further, it will also defeat the ‘Ease of Doing
Business' index, the most important parameter in the global context,"
the company stated.
63 moons technologies, which holds over Rs
200 crore of non-convertible debentures (NCDs) of DHFL, has described
the current resolution plan as disappointing for NCD holders.
Last month, the Mumbai bench of NCLT approved the Piramal Group's resolution plan for DHFL.
According
to the Piramal Resolution Plan, the creditors who have been defrauded
gain nothing from any such recoveries and all the benefit would go to
Piramal. "A further egg in face for the creditors is Piramal ascribing
only a value of Re 1 to these recoveries which might be upwards of Rs
45,000 crore," it had stated.
At the NCLAT, 63 moons has sought
that the fraudulent transaction recovery benefit of approximately Rs
45,000 crore filed by the DHFL administrator under section 66 of IBC
should come to creditors, including NCD holders who are the actual
sufferers of the default, and not to the buyer of the company.
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