www.co.

in
www.biz.in
www.com.in
www.org.in
www.artist.in
www.abhinav.ca.in www.chef.in
www.webdeveloper.in
www.travel.in
www.architect.in
www.lawyer.in
www.neha.co.in
www.copywriter.in
www.blogger.in www.info.in
www.net.in
www.designer.in
www.tv.in
www.dr.in
www.er.in

Choose from a wide range of special domains (not limited to):

.com.in | .ca.in | .dr.in | .cs.in | .ai.in | .info.in | .io.in | .me.in | .travel.in | .internet.in | .pro.in | .res.in | .business.in | .biz.in | .5g.in | .tv.in | .up.in |
.6g.in | .am.in | .bihar.in | .cn.in | .co.in | .coop.in | .delhi.in | .dv.in | .er.in | .firm.in | .gen.in | .gujarat.in | .in | .ind.in | .india.in | .int.in | .net.in |
.org.in | .pg.in | .post.in | .uk.in | .us.in

Also get FREE personalised email id with 10 GB storage

BOOK YOUR .IN DOMAIN THROUGH REGISTRARS TODAY

in_registry nixiindia inregistry nixi NIXI

Our Registrars

 
  
  

!"#$ "
%$ ! %&'( ()%%* +
,- ..
 "
 
$  /$ $0 
"/1 2
2
&'!$)30/* -" * "
 24 
$ 
2* 2"$5 !%
$ 1+ * ( ()/2 
65
!$"2  

676$)")$% "
 8%!* * 5  $ 
19,05  $ 856:6
$ ;1;$ )" "$0
  2 )'!5;
 $ $"3
!. 

 

   . "  

5"< * '=  &1>$"$ 1. !*  $ * $"/3 7
"$;52 $">5)?$0   1 
$  $  5*$ %

5
* 
!0
  %*$ ;$0   "
25&@$A* >"$
 *  " 
)2 2 &&)8   $0
"
+BC '$ * 
%$ 

!"
$D 
 ));2'$@$"$5A* 
&5. 
...$",)! 5 * 
 * * $ 0&5" '
5&+
* &/1; !*  %1!$* 0*  5
% < 2 ( (  
 
%1$ "/1 - "/1$* %% ;  
$$"5%%"<$0 * ( ('&)"$3 
&$ $%0%* "
5
E6$
 ;5&55 * 51  55
$* ( (-/ & * &0/ 5%1
 
&
 &&2 1 &%$&
5$0  
5
2  $;@+A7  , $$  5%%< "5$* *  '
!$&$- 
$)";1$;  $
;$22)2+$0 *  
   ;
$; $ " "$0  2; )*  
!0/ 10$% $"/1* 
% 
$ 
 * '%@A '.. $*%
$ 51
!$*&1F -%* % . * "<)* * 
 
 
 
'*$1  
 %"/1$ '
 * ;1 
$ 1D * <%"& $",)3 >!2. * G * ;0 
*
*!* &
; )/. * /%0$* F $0 * . %*  ** $ %* &/  * 
 82 
$ "
. &'&5'  </  * 

))'0 * '
* 5%$0  * 
2$* 
/ * )*!*
%/!. !!1  @A $5$@$05 0$A!"/1$0 * E6 
 
"<. . -%;;52),$"
  H+HIH
, J HH." * ! )<
 G* 5 
5 $"5!)$"2'$1 * .*$!85& *5;>$0 * )"$ 
OUT
 HITS & MISSES
The seven-year report card
OME SIX MONTHS ago, Hyderabad-
based Ind-Barath Energy walked
out of the Insolvency and Bank- 6,567 `1.69
ruptcy Code (IBC) proceedings TOTAL NUMBER LAKH CRORE
IN with a new buyer, JSW Energy, off defaultt Liiquid
dattio
on
after nearly four years. Under ca
ases addmittted
d vaalue
e of th
he
the IBC’s timelines, the process to
o IBC re
esolvved
d cases
should have taken six months, or (18.9
99 perr centt)
a maximum of a year if one fac-
tors in litigation. The outcome was
equally disappointing, with banks
678 68
NUMBER OF CASES
recovering just `1,047 crore of the
Reesolved by PER CENT
`5,500 crore of dues the thermal
IB
BC successffullly
y Hairc
cut takeen
power producer had. Ind-Barath (10
0.3
32 per centt) by
y cre
ediito
ors
s
isn’t an exception. More than half since
e inceptiion
n
the default cases at the IBC have been languishing
for more than nine months without any resolution.
`8.9
Besides, the financial creditors—mostly banks—
are usually able to recover only a small percentage LAKH CRORE
To
otal outs standin ng
614
DAYS
of the admitted claims. For instance, in the case of
Videocon Industries, the recovery was just around duues of the Avverage
5 per cent. The average recovery value stands at 34 crredittors in alll the tim
me taken n for
ad
dmittted cases cllosu
ure off
per cent of the claims since this game-changing law
caases
came into force in 2016.
42 | What ails the IBC? In its seventh year, the law is
`2.86
caught in a maze of litigation, new interpretations,
amendments (as many as 84 to date), challenges from LAKH CRORE 7
stakeholders, and new precedents set by the Supreme Thhe amount PER CENT
Court. (See graphic Hits & Misses). That’s a far cry from re
ealiised by thhe Liiquiddattio
on
the IBC’s intent, which is to restructure and revive a crredittors va
alue e as a
defaulting company. According to Daizy Chawla, in
n the reesoolve
ed cases peercentage
Managing Partner at S&A Law Offices, the IBC is (3
32.113 per centt) off cla
aims
being used as a recovery tool, not just by operational
creditors or suppliers, but also financial creditors. DATA AS OF MARCH 31, 2023
The IBC did have some success in its initial days SOURCE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (IBBI)

with the resolution of Essar Steel and Binani Ce-

ment, where bankers had recoveries of 90-100 per
cent. Times have changed since then. But the time
taken for resolution has always been a challenge.
Technically, the IBC operates on strict deadlines;
for instance, 14 days for admission or rejection of an
insolvency application and 90 days for submission
of claims. “How the courts can incorporate the IBC
process within these timelines is a challenge,” says
Rajesh Narain Gupta, Managing Partner at law firm
SNG & Partners.
Some quick fixes seem to be on the anvil. The Par-
liament’s monsoon session is expected to see more
amendments to the law. “We are so focussed on
changing the law. The law is very mature. The partic-
ipants are not mature enough to implement the law.
We need some initiatives on skill development be-
fore improving the law,” advises Abizer Diwanji, Finan-
cial Services Leader at EY India. More than the amend-
ments, experts feel the IBC also needs intent, judges
with subject expertise, trust in the banking system and
an ecosystem of investors who invest in distressed as-
sets (See box An Agenda for Change). How does one do
that? Let us have a look at the long-term fixes.
The Pre-pack Model
Two years ago, when Covid-19 impacted MSMEs the
most, the government introduced a simpler, pre-pack
insolvency model. Unlike the court-driven IBC process,
here the lenders are allowed to restructure the stressed
loans. But the model didn’t find many takers, with only
 IN DEPTH BANKRUPTCY

Extend the pre-

packaged insolvency
facility from MSMEs to
bigger companies as well

Evaluate the viability

of a fast-track insolvency
process outside the
judicial process

Reserve a fixed share of

resolution proceeds for
operational creditors to
minimise litigation and
facilitate early resolution
AN
Allow resolution
through group-level
AGENDA
insolvency proceedings, FOR
which includes invoking
IBC for subsidiary
CHANGE
companies as well
GRAPHICS BY RAHUL SHARMA

Strengthen the insol-

vency process for realty
firms by allowing project-
wise insolvency instead of
for the whole company
Allow the sale of assets
of defaulting corporates
in parts if there is no
resolution plan for the
company
Create a code of con-
duct for members of the
Committee of Creditors
Enforce appropriate
deterrents like imposing
penalties against
stakeholders who initiate
frivolous litigation to delay
the process
Mandate operational | 43
creditors to file dues
data with the information
utility
Take away the right of a
corporate debtor that is
under default to propose
the interim resolution
professional

four companies opting for it. “The design of the pre-
packs is quite complicated, involving various procedural
steps as well as the involvement of the NCLT [National
Company Law Tribunal],” says Misha, Partner at Shar-
dul Amarchand Mangaldas & Co (SAM). First, it re-
quires the consent of 66 per cent of lenders. Second, if
there is a haircut, then it has to be recorded. This makes
bankers jittery. “There is also unease, particularly with
public sector banks, because in the past (pre-IBC era),
commercial decisions have been scrutinised,” says Mani
Gupta, Partner at Sarthak Advocates & Solicitors. Pre-
pack regulations put the debtor in control, as opposed
to IBC, where the creditors are in control. Despite
that, promoters fear that a pre-pack may turn into a
full-fledged insolvency process. For instance, if the
lenders detect a fraud, the company defaults, or the
enterprise value is lower than the liquidation value,
the financial creditors can call for a bid.
The promoters also fear the Swiss challenge
clause, which gets triggered if any resolution plan
offers a haircut to operational creditors (suppliers
owed money by the bankrupt party). “The pre-pack
model is convoluted, as it requires the operational
creditors to receive the full value to proceed without

OUT