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Tuesday, July 20, 1999

Shaw Wallace moves Supreme Court over repayment-plan order 

Arpan Mukherjee  
Calcutta, July 19: Shaw Wallace & Co Ltd has appealed to the Supreme Court against the Calcutta high court's June 15 order setting aside the company's repayment plan for its creditors.

When contacted by The Financial Express, the company's spokesperson said it filed the appeal before the Supreme Court last week.

A division bench of Justices Ruma Pal and MK Basu, in its June 15 order, had set aside the liquor major's proposed repayment plan, ruling that it was financially unsound and technically flawed on several grounds.

The company's plan lists 191-odd creditors, involving an amount of over Rs 263 crore. On December 24 last year, Justice SK Sinha had okayed the plan, but creditors Hindustan Development Corp and Kirloskar Investment & Finance Ltd went in for an appeal the same day. The bench stayed Justice Sinha's order.

The division bench had said that its final order of June 15 would come into effect after July 19, as the Supreme Court was in vacation.

Shaw Wallace then approached the highcourt to extend the operation of the order beyond July 19 deadline, but its application was reportedly dismissed.

Justices Pal and Basu had said that the company's stated Rs 70-crore kitty for kicking off the repayment plan "pitifully small". In the opinion of the bench, Shaw Wallace's total dues exceeded Rs 400 crore.

The bench noted the objections of HDC and Kirloskar that the liquor major's modified repayment scheme incorporated names of its own subsidiaries as creditors and that the scheme was not passed by the required majority.

In its order, the bench said: "...the class of creditors intended to be covered by the scheme is not only uncertain but inappropriate". It noted that the secured creditors should not have been clubbed with unsecured creditors.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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