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SC order on Essar validates credibility of IBC process: FM
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SME Times News Bureau | 16 Nov, 2019
Finance Minister Nirmala Sitharaman on Friday hailed the long-pending
resolution of Essar Steel finally being cleared with a Supreme Court
order, saying credibility and substance and nature of the IBC resolution
process has been "re-imposed".
"This decision has very clearly
re-imposed the IBC (Insolvency and Bankruptcy Code), the process with
which the IBC works and the resolution which the IBC enables. And in
this case, by the verdict of the today, the credibility and substance
and nature of the IBC resolution process has been re-imposed.
"And
therefore I think many of the lingering questions which were in the
minds of many people concerned about IBC will all be now answered.
Therefore the process could not be better," she said on the Supreme
COurt order on Essar Steel case where the supremacy of financial
creditors has been established and a long-drawn process has come out
with resolution for banks.
SBI Chairman Rajnish Kumar too was impressed by the decision on Essar Steel India judgment by the Supreme Court.
"The
Hon'ble Supreme Court of India, in a landmark judgement in the case of
Essar Steel India Ltd has upheld that the ultimate discretion on
distribution of funds is with the Committee of Creditors. It has held
that the secured and unsecured financial creditors are differentiated
when it comes to amounts to be paid under a resolution plan, together
with what dissenting secured or unsecured financial creditors are to be
paid. It has been held that the COC can distribute amongst the secured
financial creditors as per their commercial wisdom as COC is not
restricted from classifying creditors as financial, operational, secured
or unsecured.
"This much-awaited judgement also settles to rest
numerous points of law under the Insolvency and Bankruptcy Code which
were tested in various courts. This should significantly reduce the
scope for long drawn litigations under IBC and would eventually lead to
faster resolutions of stressed assets," he said.
The Supreme
Court on Friday cleared the way for global steel giant ArcelorMittal's
Rs 42,000 crore acquisition of debt-laden Essar Steel, after a
two-year-long legal battle that tested India's bankruptcy law. The court
set aside a ruling of the National Company Law Appellate Tribunal and
said that operational creditors cannot be on a par with financial
creditors of a bankrupt company.
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