DHFL retail investor moves NCLAT against delisting of shares

June 26, 2021 4:30 AM

On June 7, National Company Law Tribunal (NCLT) had approved the resolution plan of Piramal Capital and Housing Finance (PCHFL) which offered to pay Rs 37,250 crore to DHFL lenders.

DHFLDHFL has been undergoing insolvency proceedings at NCLT in Mumbai since December 3, 2019. The troubled mortgage lender has admitted claims of Rs 87,120 crore, with State Bank of India (SBI) being the lead creditor.

By Ankur Mishra

A retail investor of Dewan Housing Finance Corporation (DHFL) has filed an appeal at National Company Law Appellate Tribunal (NCLAT) against delisting of the mortgage lender’s shares from exchanges. In his plea filed on Friday, the investor has accused DHFL administrator and lenders of failing to adequately inform about the impending delisting, which was part of the Piramal’s approved resolution plan under the Insolvency and Bankruptcy Code (IBC). The retail investor has requested NCLAT to set aside order passed by NCLT on June 7 and relist the shares of DHFL.

On June 7, National Company Law Tribunal (NCLT) had approved the resolution plan of Piramal Capital and Housing Finance (PCHFL) which offered to pay Rs 37,250 crore to DHFL lenders.

“The respondents either solely or collectively have failed to inform and obtain the consent of the appellant about the acquisition of the equity shares held by shareholders in company at Rs ‘Zero’ under the resolution plan, by way of reduction in paid up capital,” said Anup Pathak in his petition who is a non-promoter shareholder in DHFL.

In his petition, he also said that resolution of DHFL is contravention of Section 230 of Companies Act, 2013, which provide power to compromise or make arrangements with creditor of a company, adding that minority shareholders have right to know even if they are not part of Committee of Creditors (CoC).

PCHFL’s proposal to delist DHFL was accepted by DHFL’s creditors in January, 2021. However, many investors continued to buy DHFL shares, anticipating a higher value of the company in future. The share price of DHFL rose more than 70% since April 19 to Rs 23.06 per share on June 8 at BSE.

On June 14, the shares of DHFL stopped trading on the exchanges as part of the resolution plan.

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