NCLAT suggests appointing former Supreme Court judge for IL&FS asset sales; next hearing on 28 January

New Delhi: The National Company Law Appellate Tribunal (NCLAT) Friday suggested that all further proceedings for transfer of assets of crisis-hit Infrastructure Leasing and Financial Services Ltd (IL&FS) should take place under the supervision of a retired Supreme Court judge. The new management of the IL&FS is considering assets sales to bail out the company from its financial mess and pay back to its lenders over Rs 90,000 crore. “As it appears that a process required to be followed, similar to corporate insolvency resolution process, for the purpose of proper resolution of IL&FS and its subsidiaries,” said a two-judge bench headed by Justice SJ Mukhopadhaya. It further added that in such a case, a Committee of Creditors may be required to be formed for determining liability, feasibility and financial matrix for the resolution plan for one or other assets. “Appellate Tribunal will suggest to government and IL&FS to get matter supervised by a retired SC Judge,” the bench added. [caption id=“attachment_5251861” align=“alignleft” width=“380”] Representational image. Reuters.[/caption] NCLAT also directed IL&FS to submit all details of the arbitration proceedings going against it and its 348 group companies. “IL&FS will provide details of all arbitral proceeding against it and its 348 subsidiaries. We observe that proceeding, if any pending before IL&FS or its 348 subsidiaries may proceed with claims and counter-claims,” it said. NCLAT directed to list the matter on 28 January for next hearing, when it would hear the matter of granting moratorium to IL&FS and group companies. The appellate tribunal was hearing a petition filed by the Ministry of Corporate Affairs (MCA) and IL&FS. Earlier, passing an order on 1 January, 2019, NCLT had permitted the government to reopen and recast the accounts of IL&FS and its subsidiaries, IL&FS Transportation Network Ltd and IL&FS Financial Services, for the past five years. On 15 October, NCLAT had stayed all proceedings against IL&FS group and its 348 firms till its further ord­er, over an urgent petiti­on moved by the government. MCA had approached the appellate tribunal after the Mumbai bench of national company law tribunal (NCLT) turned down its plea to grant 90-day moratorium. This matter is scheduled to be heard on January 28 for hearing. The NCLT had on 1 October, suspended the board of IL&FS on government’s plea and authorised reconstitution of the board by appointing seven directors two days later.     To keep watching India’s No. 1 English Business News Channel – CNBC-TV18, call your Cable or DTH Operator and ask for the Colors Family Pack (inclusive of 24 channels), available for Rs. 35/- per month, or subscribe to the channel for Rs. 4/- per day. To keep watching the Leader in Global Market & Business News – CNBC-TV18 Prime HD, call your Cable or DTH Operator and ask for the Colors Family HD Pack (inclusive of 25 channels), available for Rs. 50/- per month, or subscribe to the channel for Rs. 1/- per day.