oppn parties Welcome Amendments To The IBC

News Snippets

  • Justice Surya Kaqnt sworn in as the 53rd CJI. Says free speech needs to be strengthened
  • Plume originating from volacnic ash in Ehtiopia might delay flights in India today
  • Supreme Court drops the fraud case against the Sandesaras brothers after they agree to pay back Rs 5100 cr. It gives them time till Dec 17 to deposit the money. The court took pains to say that this order should not be seen as a precedent in such crimes.
  • Chinese authorities detain a woman from Arunachal Pradesh who was travelling with her Indian passport. India lodges strong protest
  • S&P predicts India's economy to grow at 6.5% in FY26
  • The December MPC meet of RBI may reduce rates as the nation has seen steaqdy growth with little or no inflation
  • World Boxing Cup Finals: Hitesh Gulia wins gold in 70kgs
  • Kabaddi World Cup: Indian Women win their second consecutive title at Dhaka, beating Taipei 35-28
  • Second Test versus South Africa: M Jansen destroys India as the hosts lose all hopes of squaring the series. India out for 201, conceding a lead of 288 runs which effectively means that South Africa are set to win the match and the series
  • Defence minister Rajnath Singh said that Sindh may be back in India
  • After its total rejection by voters in Bihar, the Congress high command said that it happened to to 'vote chori' by the NDA and forced elimination of voters in the SIR
  • Central Consumer Protection Authority (CCPA) fined a Patna cafe Rs 30000 for adding service charge on the bill of a customer after it was found that the billing software at the cafe was doing it for all patrons
  • Kolkata HC rules that the sewadars (managers) of a debuttar (Deity's) property need not take permission from the court for developing the property
  • Ministry of Home Affairs said that there were no plans to introduce a bill to change the status of Chandigarh in the ensuing winter session of Parliament
  • A 20-year-old escort and her agent were held in connection with the murder of a CA in a Kolkata hotel
Iconic actor Dharmendra is no more, cremated at Pawan Hans crematorium in Juhu, Mumbai
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.