National company law tribunal has refused to admit insolvency petition filed by India Resurgence Asset Reconstruction Company, a joint venture between Piramal Enterprises and Bain Capital against Indian Steel Corporation, calling the petition ‘defective’.
“For all the reasons, the present Company Petition…fails and therefore, we are constrained not to admit the same as prayed for at this moment,” the Mumbai bench of NCLT said in its order.
The present petition was filed before NCLT for Indian Steel Corp has failed to make payment of a sum of Rs.1487.59 crore as on 30th of September 2019.
India Resurgence ARC has acquired the debt by way of an assignment agreement in May 2019 from State Bank of India. The debt also included loans extended to the company by the erstwhile associate banks of SBI, viz., State Bank of Indore (in 2010), State Bank of Saurashtra (in 2013), State Bank of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Mysore, State Bank of Patiala and State Bank of Travancore (all in 2017).
Indian Steel Corp owed SBI an amount of Rs 1,829 crores, while the Bank sold its exposure to India Resurgence for Rs 362 crores. The public sector bank took a 61% haircut on the asset.
After hearing arguments from both the parties, the bench headed by judges Rajasekhar V.K. and Ravikumar Duraisamy said that there is no document placed on record acknowledging the liability in the three-year period commencing from 31.12.2013 or 01.01.2014, which would have the effect of extending the period of limitation in terms of section 18 of the Limitation Act, 1963.
“The petition filed by the financial creditor (India Resurgence ARC) is, therefore, defective to the extent indicated,” said the bench.
The petitioner is at liberty to pursue its legal remedies in the pending proceedings before debts recovery tribunal, Jabalpur, the order added.
Indian Steel Corp manufactures cold rolled coils and sheets, the company has a manufacturing facility in Bhimasar, Gujarat. SBI classified this company as a non-performing asset during May 2016.
Source: Economic Times