oppn parties Welcome Amendments To The IBC

News Snippets

  • PM Modi says Congress is bent on dividing Hindu society for electoral gains and is trying to bulid a Muslim vote bank by keeping the minority in fear
  • Election Commission says Congress demands on Haryana are 'unprecedented' and it is rejecting the will of the people
  • INDIA bloc allies slam Congress, say it does not know how to win even sure-shot elections after its loss in Haryana. AAP dumps it in Delhi and will go solo in the nsuing elections
  • Rahul Gandhi says Haryana loss was 'unexpected' and the party is analysing the results
  • PWD takes over the 6, Flagstaff Road bungalow in Delhi and removes Delhi CM Atishi's belongings for trespassing. It argued that the house was not Delhi CMs permanent residence and once Kejriwal vacated it, a fresh application for allotting it to Atishi needed to be made
  • Centre gives nod to Rs 68000cr mega defence deals including building 2 nuclear submarines and buying 31 Predator drones
  • US government considers asking a federal court to direct Google to sell some of its businesses which will effectively break up the company
  • Finance minister Nirmala Sithraman said that the carbon tax proposed by the EU is unilateral and arbitrary
  • The Monetary Policy Committee (MPC) of the RBI held rates for the 10th consecutive cycle but changed its stance from 'withdrawal of accommodation' to neutral, indicating that all things reamining the same, it might consider lowering key rates in the next review
  • Stocks turn red again on Wednesday: Sensex loses 167 points to 81467 and Nifty 31 points to 24981
  • Asian TT: Despite losing to Japan 1-3 in the semis, the Indian women's team defied rankings and won a historic bronze medal
  • 2nd T20: India score 221/9 powered by a scintillating 74 (34 balls) by Nitish Reddy and a blistering 53 (29balls) by Rinku Singh
  • 2nd T20 versus Bangladesh: Nitish Reddy and Rinku Singh shine with the bat as India thrashes the visitors by 86 runs to win the match and seal the series 2-0 with one match to go
  • Women's T20 World Cup: India thrash Sri Lanka by 82 runs, improve their net run rate considerably to jump to the second position on the group table and give themselves a realistic chance of making the semis
  • EC slams Congress for raising doubts about Haryana results
Ratan Tata passes away at 86. To be cremated with state honours. Calling him a "visionary business leader", PM Modi said he was "extremely pained by his passing away"
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.