Essar Steel insolvency: Supreme Court orders status quo in case; to be heard on 7 August

The Supreme Court Monday ordered status quo as of today in the Essar insolvency case

Press Trust of India July 22, 2019 11:34:24 IST
Essar Steel insolvency: Supreme Court orders status quo in case; to be heard on 7 August
  • Supreme Court bench was hearing a plea of the Committee of Creditors challenging NCLAT's order of 4 July in which it had approved steel tycoon Lakshmi Mittal-led ArcelorMittal's Rs 42,000 crore bid for the acquisition of Essar Steel

  • NCLAT had rejected a plea by the lead shareholder of the debt-laden firm challenging the eligibility of the bidder

  • Essar Steel was auctioned under the new Insolvency and Bankruptcy Code (IBC) to recover Rs 54,547 crore of unpaid dues of financial lenders and operational creditors

New Delhi: The Supreme Court on Monday put on hold the sale of Essar Steel to ArcelorMittal as it agreed to hear the appeal filed by financial lenders against the NCLAT order, saying it would like to settle the issue "once and for all".

A bench of Justices R F Nariman and Surya Kant said the monitoring committee will continue its work till the case is heard on 7 August.

"Once the Committee of Creditors (CoC) in their concerned wisdom had decided on the division of assets, there should have been no re-distribution, like you are an Interim Resolution Professional (IRP). We would settle this issue once and for all," the bench observed at the outset.

The bench was hearing a plea by CoC of Essar Steel challenging NCLAT's 4 July order which approved steel tycoon Lakshmi Mittal-led ArcelorMittal's Rs 42,000 crore bid for acquiring the debt-laden firm.

Essar Steel insolvency Supreme Court orders status quo in case to be heard on 7 August

Representational image. Reuters.

The COC has sought quashing of the National Company Law Appellate Tribunal (NCLAT) order which had given financial creditors equal status with operational creditors in the distribution of the ArcelorMittal's bid amount.

Essar Steel was auctioned under the new Insolvency and Bankruptcy Code (IBC) to recover Rs 54,547 crore of unpaid dues of financial lenders and operational creditors.

In its 4 July order, the NCLAT had said that financial creditors will get 60.7 percent of their admitted claims of Rs 49,473 crore, almost same as operational creditors.

The operational creditors with an admitted claim amount of less than Rs 1 crore would get 100 percent, while above Rs 1 crore would get 60.26 percent and workmen and employees would get 100 percent.

The tribunal had said that the CoC will have no role in the distribution of Rs 42,000 crore and allowed claims of the operational creditors such as Dakshin Gujarat, Gujarat Energy, Bharat Petroleum, Indian Oil, GAIL, ONGC, and the NTPC.

ArcelorMittal had told the NCLAT that it would pay Rs 42,000 crore, including a minimum guarantee of Rs 2,500 crore as working capital, for acquiring Essar Steel under the insolvency process.

The tribunal said the apex court had settled the issue of eligibility of ArcelorMittal India and could not be re-opened before the Appellate Authority at a stage where the 'Resolution Plan' approval was being considered.

The Ahmedabad-bench of National Company Law Tribunal (NCLT) on 8 March approved the bid submitted by ArcelorMittal India for the takeover of Essar Steel.

Essar Steel director Prashant Ruia had challenged the order saying ArcelorMittal was ineligible to bid under Section 29A of the Insolvency and Bankruptcy Code as it was associated with delinquent or loan defaulting firms.

ArcelorMittal had claimed that Ruia's plea was one of the multiple mala fide attempts to derail the corporate insolvency resolution process.

The operational creditors had opposed ArcelorMittal's resolution plan saying they were getting notional payment, while 92.5 percent of the debt of financial creditors was being paid.

In its order, the NCLAT had said that the amount of profit generated by Essar Steel during the corporate insolvency resolution process (CIRP) cannot be given to the successful resolution applicant ArcelorMittal as it has not invested any money.

Updated Date:

also read

California mass shooting: Gun laws in the state are stricter than in the rest of US, but are they enough?
World

California mass shooting: Gun laws in the state are stricter than in the rest of US, but are they enough?

A gunman went on a rampage in California’s Monterey Park on Sunday, killing 10 people during Chinese New Year celebrations. This is despite the state having some of the strictest gun laws in the US including a ban on semi-automatic rifles and restrictions on the sale of high-capacity magazines

Why Collegium needs urgent reform: Judiciary should be independent as well as accountable
Opinion

Why Collegium needs urgent reform: Judiciary should be independent as well as accountable

One hopes the current confrontation between the executive and the judiciary proves to be a blessing in disguise and ushers in much-needed progressive reforms in the judiciary

US states take control of abortion debate with funding focus
World

US states take control of abortion debate with funding focus

When the US Supreme Court overturned Roe v. Wade last year and gave control of abortion policy to the states, it led to bans and restrictions in some states, and executive orders and laws protecting access in others