oppn parties Welcome Amendments To The IBC

News Snippets

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  • Paksitan admits that India had rejected thrid-party role in ending the conflict following the Pahalgam terror attack
  • Supreme Court seeks reply from the states about anti-conversion laws
  • Calcutta HC rules that a man cannot deny maintaenance to his wife just because she is earning
  • Stocks rebound on Tuesday: Sensex gains 594 points to 82380 and Nifty gains 169 points to 25239
  • China Masters badminton: PV Sindhu reaches second round but Ayush Shetty knocked out
  • World Wrestling Championships: Male wresters draw a blank and wone continue to struggle, showing that India is losing out in a sport where it once excelled
  • Speed Skating World Championships: Anandkumar Velkumar becomes the first Indian to win gold in 100m inline sprint. This comes after his bronze in the 500m event
  • BCCI ropes in Apollo Tyres as new jersey sponsor after Dream 11 had to bow out due to the ban on online gaming companies, to get Rs 200cr more
  • World Athletics: High jumper Sarvesh Anil Kushare finishes an impressive sixth
  • A study has found that the Red Fort in Delhi is turning black due to air pollution
  • PM Modi asks defence ministry to achieve greater integration among armed forces
  • Supreme Court refuses to stay the entire Waqf Act but stays some provisions it finds bad in law
  • Supreme Court closes Vantara zoo case in Jamnagar after the SIT clears the body tasked with maintaining it. Says it will entertain no further complaints in the matter
  • Supreme Court says bringing political parties under POSH Act will liekly become a tool for blackmail
Sebi dismisses Hindenberg's claim against Adani group companies ////// Neeraj Chopra finishes 8th at World Athletics
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.