Essar Insolvency: SC Hears Arguments Of Standard Chartered Bank & Operational Creditors Against CoC & Arcelor Mittal [Read Written Submissions]
5 years, 2 months ago

Essar Insolvency: SC Hears Arguments Of Standard Chartered Bank & Operational Creditors Against CoC & Arcelor Mittal [Read Written Submissions]

Live Law  

Picking up from the last hearing, Sibal appearing on behalf of Standard Chartered Bank continued his arguments on the third day of the Essar Steel Insolvency hearing. Questioning the role of distribution taken over by the CoC, Sibal on SCB's behalf argued that the CoC is not authorised to decide the distribution of the resolution plan, and going by the provisions of section 30 of the IBC, the jurisdiction of the CoC is limited to consider the feasibility and viability of the resolution plan. However, it was argued by SCB that the Adjudicating Authority can examine the legality and validity of a resolution plan approved by the CoC on the touchstone of Section 30 read with Section 60 of the IBC, and can also therefore determine all questions regarding distribution of proceeds. Deliberating upon the question whether the NCLAT had overstepped its jurisdiction while taking decision on the distribution, Therefore, Sibal contended that questioning the correctness of the distribution proposed was within the scope and ambit of NCLAT's jurisdiction and the CoC's argument that it has abrogated to itself the right to re-write the resolution plan could not stand. Referring to the fact that Sibal had argued that SCB was only against the distribution of the resolution plan, and not the resolution plan itself, Salve said "If Sibal had made his impassioned plea against the 'obnoxious' behaviour of the CoC, then the whole resolution plan should be thrown out."

India Court Insolvency Resolution Tribunals Amendment Plan Value Nariman Centre Sibal Nclat Code Read Written Submissions Argued Scb Coc Distribution Ibc Financial Creditors Divan Salve Essar Justice Nariman Essar Steel Liquidation Value Sc Hears  code  read  operational  sibal  distribution  coc  plan  mittal  insolvency  argued  submissions  amendment  resolution  value  standard  written  essar  sc  hears  scb

History of this topic

ArcelorMittal aims to complete Essar Steel acquisition by year end
5 years, 1 month ago

ArcelorMittal aims to complete Essar Steel acquisition by year end

Live Mint  

Following the Supreme Court verdict on Essar Steel resolution plan, global steel giant ArcelorMittal said it expects to complete the acquisition of the debt-ridden company by the end of this year. ArcelorMittal India Private Limited's resolution plan for Essar Steel India Limited has been unconditionally approved by the Supreme Court of India and the approval of AMIPL’s resolution plan is …

A precedent: on apex court ruling on Essar Steel
5 years, 1 month ago

A precedent: on apex court ruling on Essar Steel

The Hindu  

The Supreme Court’s judgment on Friday in the matter of Essar Steel’s bankruptcy is a landmark in the short history of insolvency and bankruptcy resolution in India. Apart from clearing the way for eventual sale of Essar Steel to ArcelorMittal, the verdict has clarified on important aspects of insolvency resolution that had been interpreted variously by the National Company Law …

Arcelor Mittal Bid For Essar Steel: Key Aspects In SC Judgment
5 years, 1 month ago

Arcelor Mittal Bid For Essar Steel: Key Aspects In SC Judgment

Live Law  

In what will have a long-standing impact on the IBC regime, the SC has decided the Essar Steel Insolvency matter in favour of the Committee of Creditors of Essar Steel, and has set aside the NCLAT'sjudgment. Role of the CoC in the CIR process The Bench observed that since nothing can be done qua the management of the corporate debtor …

SC on Essar Steel: CoC decision final; ruling clears way for ArcelorMittal
5 years, 1 month ago

SC on Essar Steel: CoC decision final; ruling clears way for ArcelorMittal

Live Mint  

The Supreme Court on Friday said the National Company Law Appellate Tribunal should not interfere with the decisions of the committee of creditors in the Essar Steel insolvency case. The Supreme Court decision overrules NCLAT’s July 5 judgment that operational creditors should be treated on a par with financial creditors for distribution of funds from ArcelorMittal’s bid in the Essar …

Essar Steel insolvency: Supreme Court orders status quo in case; to be heard on 7 August
5 years, 5 months ago

Essar Steel insolvency: Supreme Court orders status quo in case; to be heard on 7 August

Firstpost  

The Supreme Court Monday ordered status quo as of today in the Essar insolvency case New Delhi: The Supreme Court on Monday put on hold the sale of Essar Steel to ArcelorMittal as it agreed to hear the appeal filed by financial lenders against the NCLAT order, saying it would like to settle the issue “once and for all”. The …

Lenders to move Supreme Court against NCLAT order on higher payout to Essar Steel's operational creditors: SBI chief
5 years, 5 months ago

Lenders to move Supreme Court against NCLAT order on higher payout to Essar Steel's operational creditors: SBI chief

Firstpost  

Mumbai: Going public with his anguish and disappointment over secured creditors’ rights not being enforced, State Bank of India chairman Rajnish Kumar Wednesday said lenders will soon be moving the Supreme Court against National Company Law Appellate Tribunal awarding higher payout to Essar Steel’s operational creditors and treating them on par with secured lenders. While approving ArcelorMittal’s Rs 42,000-crore bid …

A disappointed SBI chairman says banks will soon take NCLAT to SC on Essar Steel order
5 years, 5 months ago

A disappointed SBI chairman says banks will soon take NCLAT to SC on Essar Steel order

Live Mint  

Going public with his anguish and disappointment over secured creditors' rights not being enforced, State Bank chairman Rajnish Kumar on Wednesday said lenders will soon be moving the Supreme Court against NCLAT awarding higher payout to Essar Steel's operational creditors and treating them on par with secured lenders. While approving ArcelorMittal's ₹42,000-crore bid for the bankrupt flagship company of the …

Essar Steel reports ₹4,229 cr EBITDA during insolvency period
5 years, 7 months ago

Essar Steel reports ₹4,229 cr EBITDA during insolvency period

Live Mint  

New Delhi: Debt-ridden Essar Steel has registered an EBITDA of ₹4,229 crore during its Corporate Insolvency Resolution period. In an affidavit filed before the National Company Law Appellate Tribunal last week, the resolution professional said the company earned ₹4,000 crore from its operations between August 2017 and February 2019. Operational creditors of Essar Steel are not satisfied with the CoC …

Essar Steel operational creditors question CoC over discrimination
5 years, 8 months ago

Essar Steel operational creditors question CoC over discrimination

Live Mint  

Essar Steel's operational creditors with claims of over ₹1 crore Wednesday alleged that the committee of creditors of the debt-ridden firm has been "monopolised" by its financial lenders and sought equal treatment on par with them. CoC can not "arbitrarily discriminate" between the operational creditors with claims under ₹1 crore and above ₹1 crore under the Insolvency & Bankruptcy Code, …

Essar Steel lenders see no major changes to resolution proposal
5 years, 8 months ago

Essar Steel lenders see no major changes to resolution proposal

Live Mint  

Mumbai: Despite the Supreme Court imposing status quo on the Essar Steel Ltd insolvency case, financial lenders to the stressed steel mill believe they will not have to make any major changes to the current resolution plan. “If you look at the NCLT Ahmedabad offer, the court advised the CoC and Essar Steel’s resolution professional to consider changes to the …

ArcelorMittal’s Essar Steel wait gets longer with Supreme Court status quo
5 years, 8 months ago

ArcelorMittal’s Essar Steel wait gets longer with Supreme Court status quo

Live Mint  

New Delhi: The Supreme Court on Friday halted the resolution process of Essar Steel, holding back ArcelorMittal SA’s takeover bid for the stressed steel mill and enter the Indian steel industry. The court was hearing a plea by Standard Chartered Bank, one of the lenders to Essar Steel, which is unhappy with the settlement it would receive under the resolution …

NCLAT gives conditional nod to ArcelorMittal's Rs 42,000 crore resolution plan for debt-ridden Essar Steel
5 years, 9 months ago

NCLAT gives conditional nod to ArcelorMittal's Rs 42,000 crore resolution plan for debt-ridden Essar Steel

Firstpost  

NCLAT said there is no stay on the Resolution Professional of Essar Steel to disburse the funds among financial and operational creditors of the company New Delhi: The National Company Law Appellate Tribunal Monday gave conditional approval to Rs 42,000 crore resolution plan of ArcelorMittal for debt-ridden Essar Steel saying it will be subject to its final order in the …

Essar Steel takeover: NCLAT refuses stay on NCLT nod to ArcelorMittal plan; seeks fresh distribution plan for bid amount
5 years, 9 months ago

Essar Steel takeover: NCLAT refuses stay on NCLT nod to ArcelorMittal plan; seeks fresh distribution plan for bid amount

Firstpost  

Making a suggestion, the NCLAT said all operational creditors below Rs 1 crore should get 100 per cent of the dues and so should the employees of Essar Steel. New Delhi: The National Company Law Appellate Tribunal on Friday refused to stay a bankruptcy court order approving steel giant ArcelorMittal’s Rs 42,000-crore takeover bid for Essar Steel and sought a …

Resolution, at last: on Essar Steel case
5 years, 9 months ago

Resolution, at last: on Essar Steel case

The Hindu  

The National Company Law Tribunal’s approval of ArcelorMittal’s bid for the insolvent Essar Steel Ltd. is significant for several reasons. Among the aspects that have been clarified during the long resolution process for Essar Steel are the eligibility of those who have defaulted in repaying their borrowings elsewhere to bid, the time-limits for bidding and the place of unsecured, operational …

NCLT Rejects Bid Of Essar Steel Promoters To Close Insolvency Process By Offering Settlement [Read Order]
5 years, 11 months ago

NCLT Rejects Bid Of Essar Steel Promoters To Close Insolvency Process By Offering Settlement [Read Order]

Live Law  

The NCLT Ahmedabad bench on Tuesday rejected the application made by Essar Steel promoters to close the insolvency process against it by offering to pay off the outstanding dues.The Ruias, promoters of Essar Steel, offered to pay Rs. The NCLT Ahmedabad bench on Tuesday rejected the application made by Essar Steel promoters to close the insolvency process against it by …

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