1. Debt resolution top priority in insolvency process, says IBBI chief MS Sahoo

Debt resolution top priority in insolvency process, says IBBI chief MS Sahoo

Under the Insolvency and Bankruptcy Code, resolution is left with the imagination of the market participants and they are free to take any call in regards to an entity, which is down with indebtedness

By: | New Delhi | Published: August 24, 2017 6:50 AM
Resolution of indebtedness of a firm will be the top priority of all constituents of the insolvency and bankruptcy mechanism in the interest of the stakeholders, and if it finds that the resolution is hard to come by then only will it think about liquidition, Insolvency & Bankruptcy Board of India (IBBI) chairperson MS Sahoo on Wednesday said. (IE)

Resolution of indebtedness of a firm will be the top priority of all constituents of the insolvency and bankruptcy mechanism in the interest of the stakeholders, and if it finds that the resolution is hard to come by then only will it think about liquidition, Insolvency & Bankruptcy Board of India (IBBI) chairperson MS Sahoo on Wednesday said. “In such a process, the first endeavour is resolution. If it is not resoluable then they think about liquidition. The endeavour of the law, insolvency professionals and committee of creditors is to first find out a resolution plan,” Sahoo said while speaking at a conference organised by PHD Chamber of Commerce and Industry. The IBBI chief said as per the Insolvency and Bankruptcy Code (IBC), resolution is left with the imagination of the market participants and they are free to take any call in regards to an entity, which is down with indebtedness. The government is just trying to create an enabling environment. The government’s effort is also to empower the market particpants in every field and that is what has been the focus of the insolvency code where one gets not just the freedom to enter into a business, but also enjoys the freedom to exit the business. “In our scheme of things, we have segregated the role of the state and the role of the market. We have also segregated commercial aspects from judicial aspects. Bankruptcy code says that insolvency professionals will run the company; but for a resolution, the decision of resolution will be taken by the market, that is the committee of creditors,” he said. Sahoo also pitched for a market driven institutional mechanism to facilitate and enable mergers and acquisitions with minimum regulations that can conveniently safeguard the legitimate interests of concerned stakeholders. “Why can’t we have that kind of framework where approvals of the authorities are minimised, institutions work and everything is delivered by the market?” he asked.

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