oppn parties Welcome Amendments To The IBC

News Snippets

  • Uttarakhand HC says marital discord, suspicion and quarrels cannot be held to be abetment of suicide
  • Two sisters, both brides-to-be, died by suspected suicide in Jodhpur. No suicide note was found
  • RTI reveals that 200 big cats were poached in India between 2005 and 2025, with the most in MP
  • After the US Supreme Court order on tariffs, Centre has put Indian trade team's US visit on hold
  • Delhi Police bust terror module linked to Lashkar that was plotting to strike in Delhi. Arrest 7 Bangladeshis with Aadhar IDs
  • PM Modi announced in his Mann Ki Baat that Edwin Lutyens' statue will be replaced with that of C Rajagopalchari at the Rashtrapati Bhawan
  • Facial recognition at Digi Yatra gates in Kolkata Airport suffered prolonged glitch on Sunday, forcing passengers to wait in long queues
  • Ranji Final: Strong Karnataka take on rising J&K in the match starting from Tuesday
  • Rising Stars women's cricket: India 'A' beat Bangladesh by 46 runs to capture title
  • Super 8s: Co-hosts Sri Lanka lose too, England beat them by 51 runs
  • Super 8s: South Africa crush India by 76 runs as nothing goes right for the hosts
  • PM Modi inaugurates India's fastest metro in Meerut and the first Vande Bharat sleeper in Bengal, This sleeper will cover Howrah to Guwahati route
  • After his consecutive failures, Abhishek Sharma has created a problem for the team management: should they give him one more chance in a vital match today or go for Sanju Samson as opener
  • A Pocso court in Prayagraj ordered an FIR against Swami Avi Mukteshawaranand and his disciple Muktanand Giri for molesting underage boys in their Magh Mela camp
  • TOI reported that while private universities filed more patents, elite institutions like IIT and IISc got more approvals between 2020-2025
T20 World Cup Super 8s: India get a reality check, outplayed by South Africa in their first match, end 12-match winning streak
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.