oppn parties Welcome Amendments To The IBC

News Snippets

  • Rape-accused AAP MLA from Punjab, Harmeet Singh Pathanmajra, escaped after gunshots were fired when the police came to arrest him in Karnal in Haryana
  • Government has lifted the ban on producing ethanol from molasses
  • Delhi riot case: Delhi HC denies bail to Umar Kahlid, Sharjeel Imam and eight others
  • PM Modi says that the use of indecent language by the Congress against his dead mother is an insult to all women
  • Supreme Court says if the court can clear all pending bills, it might as well step into the governor's shoes while TN government asks it to set timelines for the governor
  • Indrani Mukherjea's duaghter Vidhie has claimed that her statements to the police and the CBI were 'forged and fabricated' to implicate her parents
  • BRS supremo K Chandrasekhar Rao has expelled his daughter K Kavitha from the party for anti-party activities
  • PM Modi said that the world trusts India with semiconductor future
  • FM Nirmala Sitharaman says the economy is set to become transparent once next-generation GST reforms are unleashed
  • Markets turn negative on Tuesday: Sensex sheds 207 points to 80158 and Nifty lost 45 points to close at 24580
  • After Dream 11's withdrawal (due to ban on online gaming companies), BCCI has invited bids for Team India's lead sponsor
  • Hockey - Asia Cup: India to play South Korea in the Super-4
  • PM Modi confers with Chinese Premier Xi and Russian President Putin on the sidelines of the SCO
  • US Prez Trump calls trade with India a 'one-sided disaster'
  • Supreme Court asks why minority institutions are left out of the ambit of RTE, will re-examine its 2014 ruling
Commerce minister Piyush Goyal hoepful of trade deal with the US by November
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.