oppn parties Welcome Amendments To The IBC

News Snippets

  • Government to introduce PF for self-emplyed and gig workers
  • Crush at Puri Rathyatra leaves 2 dead and 78 injured
  • NEET-UG, marred in controversy due to pape4r leak, saw a huge increase in top scores as two scored 715/720 and 11.2 lkah candidates cleared the exam
  • India's first hydrogen-powered train will be flagged off by PM Modi from Jind in Haryana
  • Delhi HC asks the government to monitor Sona Wnagchuk's health regularly
  • TMC Rajya Sabha MP Koel Mallick resigns from her seat, leaves TMC. Mamata asks all those wishing to leave the party to do so before July 21
  • Calcutta HC says land deed is not a proof of citizenship. Refuses to provide protection to a man facing deportation on basis of land deed
  • Supreme Court tells the government to teach the third language in the 3-language formula in Class 6 and not Class 9
  • Government to take steps to boost liquidity for small businesses
  • RBI says that banks cannot sell seized assets back to the defaulters
  • Centre decides to take equity stakes in semiconductor startups
  • Markets remain flat on Thursday: Sensex closes just 1 point ahead and Nifty ended 5 point lower
  • BCCI:Selectors have possibly decided that Rohit Sharma will not be selected for ODIs after the Lord's game on Sunday
  • Japan Open badminton: P V Sindhu stuns world no. 5 Han Yue of China 21-16, 21-14 to enter the quarterfinals
  • 2nd ODI versus England: Indian batting fails miserably except Gill, Kohli and Iyer to score just 233 all out. England win by 4 wickets
Supreme Court clarifies that it has not issued a blanket ban on use of bulldozers, and they can be used after compliance with procedure laid down in civil laws
oppn parties
Welcome Amendments To The IBC

By A Special Correspondent

The main purpose of the Insolvency & Bankruptcy Code (IBC) is to allow secured lenders to recover a major part of their dues in case a company goes under. That purpose was being defeated as, in the absence of clarity, the NCLAT was interpreting the law differently and treating all creditors equally. The repayment system under IBC is designed as a waterfall mechanism in which secured and senior lenders get primacy as opposed to unsecured and subordinate lenders. The government has now approved amendments to the code that will allow payments to be made first to secured lenders and workmen before the same is made to unsecured and operational creditors.

The Committee of Creditors (CoC) under the IBC has been made the main body to decide the repayment mechanism through majority vote. The courts will now not have the luxury to interpret the law according to their wish as things have been spelled in black and white. It is always upon the Parliament to spell out the law. The tribunals and the courts are there only to interpret and operationalize it. Confusion arises only when the law is not clear and the government has done well to rectify the grey areas.

Another welcome amendment is for allowing the majority vote of the homebuyers in the C0C to count as votes of 100% of homebuyers for the purpose of the resolution plan. This was necessary as the resolution gets prolonged as other homebuyers approach the courts and get stay orders on points of law. The government is also alive to the fact that delays defeat the purpose of the IBC. Hence, it has prescribed that the total process, from admission of the case to final resolution, be completed in 330 days. While this is good, the NCLT is woefully short of resources and as more cases come up, the government will have to provide it with both human and financial resources for it to work efficiently and maintain timelines.