oppn parties Welcome Amendments To The IBC

News Snippets

  • UP Police have arrested three government officials and 9 others for the murder of journalist and RTI activist Raghvendra Bajpai in Sitapur
  • Union minister Jitendra Singh said terrorists were behind the killing of three persons in Marhoon village in Kathua district of J&K
  • Uneasy calm remains in Manipur as tribal areas shut down after the Kuki-Zo Council called for an indefinite shutdown
  • Indian drug manufacturers are set to produce Emplagliflozin at a tenth of the price of the innovator Boehringer Ingelheim, after its patent expires on March 11. The companies in the running are Mankind, Torrent, Alkem, Dr Reddys and Lupin
  • The Budget session of Parliament will resume today against the backdrop of ongoing tussle over delimitation and three-language formula
  • Police have arrested a third suspect in the horrific rape-murder of foreign tourists and their Indian friend in Hampi in Karnataka
  • Stock brokers are upbeat that the present downtrend in the markets will see a reversal in March with reports by international analysts suggesting that the worst in the tariff war between the US and China and other nations almost over.
  • The Centre is in the process of implementing a 23-point agenda for regulation and reforms in areas like land, labour, utilities and permits to make life easier for businesses across the country
  • Finance Minister Nirmala Sitharaman said that if businessmen take one step, the government is ready to take 10 steps with them
  • Rohit Sharma, Shreyas Iyer, K L Rahul shine with the bat after the spinner restrict New Zealand to just 251
  • Unbeaten India lift the ICC Champions Trophy by beating New Zealand by 4 wickets
  • 2nd ODI: Rohit Sharma roars back to form with a scintillating ton as India beat England by 4 wickets in a high scoring match in Cuttack
  • Supreme Court will appoint an observer for the mayoral poll in Chandigarh
  • Government makes it compulsory for plastic carry bag makers to put a QR or barcode with their details on such bags
  • GBS outbreak in Pune leaves 73 ill with 14 on ventilator. GBS is a rare but treatable autoimmune disease
Audacious gun-point robbery at a jewellery showroom in Ara in Bihar /////// Bhojpur Police chase the robbers and arrest two of them after a gunfight /////// Four gang members still at large /////// Jewellery worth Rs 15cr recovered from the total Rs 23cr worth looted, with one bag still missing
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.