Bankers close to the development told FE that they may look at the option of taking the company to the National Company Law Tribunal (NCLT) once the new RBI circular on stressed assets is framed.
Lenders to RattanIndia’s 1,350 MW Amravati power plant are weighing the option of taking the company to NCLT if the one-time settlement (OTS) offer by the promoters hits a roadblock. Davidson Kempner, a US-based investment firm, walked out of the consortium of investors on the settlement plan at the last minute, even as Varde Partners, Aditya Birla’s joint venture partner and Goldman Sachs agreed to the plan.
Bankers close to the development told FE that they may look at the option of taking the company to the National Company Law Tribunal (NCLT) once the new RBI circular on stressed assets is framed. “We are not comfortable with the option of haircut that the promoters are negotiating, and will wait for the new RBI circular on stressed assets to take our next step,” one of the bankers said.
When contacted RattanIndia’s compliance officer said: “The company is in discussion with its lenders for appropriate resolution post honourable SC’s judgment on RBI circular.” Another company official said: “The matter of taking the company to NCLT has not been communicated to us.”
Company officials believe they will reach a resolution for the Amravati plant with the lenders in a couple of months. “Varde Partners, Aditya Birla’s joint venture partner, and Goldman Sachs are already there. They will sort out investors among themselves,” an official said on conditions of anonymity. The Reserve Bank of India (RBI) is preparing a new set of rules for stressed assets after the February 12 circular was declared ultra vires by the Supreme Court.
RattanIndia received the letter of intent (LOI) from the lenders for the one-time-settlement on February 1 and they took the board approval to move ahead with the OTS on February 4, according to the company’s Q3FY19 earnings statement.
The promoters, along with the consortium of investors, proposed to pay Rs 4,050 crore towards the settlement of phase 1 debt of Rs 7,874.35 crore. The total cash consideration of Rs 3,800 crore would include a payment of Rs 3,600 crore by Asset Reconstruction Company (backed by global investors) and infusion of Rs 200 crore by promoters. Another Rs 250 crore was to come through deferred redeemable preferential shares.
RattanIndia has two coal-based power plants in Maharashtra — one in Amravati and the other in Nashik with total capacity of 2,700 MW. While the Amravati plant was commissioned in 2016 and supplies electricity to Maharashtra State Electricity Distribution Company (MSEDCL). The Nashik plant that got commissioned in 2017 is lying idle for lack of
PPA. RattanIndia owes lenders Rs 20,000 crore for the two plants. Additional, 1,350 MW at Nashik and Amravati are under construction. A task force of bankers and Power Finance Corp (PFC) was formed to resolve the Rs 20,000 crore debt of RattanIndia. The members of the task force for these two projects are State Bank of India, Bank of India, Axis Bank, Bank of Baroda, IDBI Bank and PFC.