Insolvency proceedings: Promoters wary of bidding for firms admitted to NCLT

Published: January 5, 2018 4:47 AM

A majority of the promoters of the 11 large accounts that were admitted by the National Company Law Tribunal (NCLT) for insolvency proceedings have stayed away from bidding for their assets.

insolvency, insolvency proceedings, firms admitted to nclt, assets, nclt, national company law tribunal, insolvency and bankruptcy, insolvency and bankruptcy proceedingsCompanies including JSW, Tata Steel, Arcelor Mittal, and Posco have emerged as the top bidders for some of these assets. (Image: Reuters)

By Shamik Paul

A majority of the promoters of the 11 large accounts that were admitted by the National Company Law Tribunal (NCLT) for insolvency proceedings have stayed away from bidding for their assets despite having the option to do so by paying the overdue amount, sources with direct knowledge of the development said. “We haven’t really seen any interest from the promoters in placing bids for their assets. They have largely stayed away from the process,” a resolution professional who is in charge of one of the large accounts said on condition of anonymity. Bankers who are part of the committees of creditors said bids have been received from potential investors for at least 10 of the 11 large assets. At present, the bids are being evaluated by the resolution professionals and the bankers. Companies including JSW, Tata Steel, Arcelor Mittal, and Posco have emerged as the top bidders for some of these assets.

The government, through the Insolvency and Bankruptcy Code (Amendment) Bill, 2017 barred promoters of accounts that have been classified as non-performing assets for at least a year from submitting resolution plans. However, if these promoters make payments for the overdue amount, they would become eligible to submit resolution plans. The promoters have been given a period of 30 days to make the payments. “We had conveyed to the promoters that they would get 30 days to make the payment. At the end of the 30 days, if they fail to make the payment, their bids would stand disqualified,” a senior official of a state-run bank said.

“There is no guarantee that the promoters will gain back control of their assets even after paying the overdue amount. This is a major deterrent for them. Their bids will be evaluated along with the other bids and the best resolution plan would be recommended to the NCLT,” a senior banker with a large public sector bank said. The banker said that going by the bids received, on an average, the lenders would have to take haircuts of around 60%. The 11 accounts that are undergoing insolvency proceedings at the NCLT are Jyoti Structures, Essar Steel, Monnet Ispat and Energy, Alok Industries, Electrosteel Steels, Amtek Auto, Bhushan Steel, Bhushan Power and Steel, ABG Shipyard, Lanco Infratech and Jaypee Infratech.

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