oppn parties Welcome Amendments To The IBC

News Snippets

  • FSSAI to now train its lenses on claims like 'natural', 'heart-friendly' 'healthy' and 'no added sugar' etc to reduce instaces of misleading claims on food packaging
  • 5 killed and 18 injured as the under-construction roof of the Hanuman temple in Parbhani in Maharashtra collapses
  • Hindus in Bangladesh hold torch marches in Dhaka and other parts of the country to protest against alleged government inaction after vandalism at temples and hitting Hindu dieties with shoes during a procession
  • LIC issues notice to Suruchi Sangha (formerly controlled by TMC minister Aroop Biswas) to vacate 23 cottahs of land in Kolkata's upscale New Alipore area, which the club has allegedly poached on to hold its annual Durga Puja, within a month
  • Centre bans 16 fixed drug combinations, including painkillers, anti-biotics and skin fromulations, over safety issues
  • TMC news: Aroop Biswas and Firhad Hakim, once considered the right and left hands of Mamata Banerjee, now fall out of favour. Biswas issued showcause for writing s debit-freeze letter to HDFC Bank blocking party funds and Hakim removed from disciplinary committee
  • From Tarakeshwar in Bengal, PM Modi gives a call for 'new Bengal' and says the period of 'cut money' has ended and work has started on stalled projects in the state with the BJP government taking decisions at 'lightening speed'
  • A trader in Noida found a Rs 25l akh diamond in a Panna mine registered in his wife's name
  • 22.7 lakh to sit for NEET retest today
  • FIFA World Cup: Brazil get into the groove, score 3 against Haiti for a 3-0 win
  • FIFA World Cup: Paraguay beat Turkiye 1-0
  • FIFA World Cup: USA beat Australia 2-0 to enter knockouts and Morocco beat Scotland 1-0
  • ICC T20 Women's World Cup: India to play South Africa today
  • Nations Cup Women's Hockey: India thrash Chile 6-0 in the semifinals to set up a clash with New Zealand in the final
  • 3rd ODI versus Afghanistan: Yasashvi Jaiswal (110 not out) and Prasidh Krishna (5-23) shine as India (224 for 1) beat Afghanistan (218) by 9 wickets in the 3rd and final ODI to sepp the series 3-0
PM Modi celebrates International Yoga Day with more than 40000 people from Red Road in Kolkata /////// NEET re-test today with NTA saying it is committed to conduct it smoothly
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.