The ED has recently attached assets worth Rs 4,025 crore of Bhushan Power and Steel Limited (BPSL).
Lenders say if money laundering provisions are applied to bankruptcy cose, close to 90% cases of NPA in the banking system will turn out to be frauds
The attachment by the ED was made under PMLA and is being legally tested before the National Company Law Appellate Tribunal (NCLAT) at a time when it is in the final lap of resolution under IBC
While the ED is of the opinion that it can attach the property of BPSL under the Prevention of Money Laundering Act (PMLA), the corporate affairs ministry has been maintaining that ED can not do so
The ED had seized a portion of Bhushan Power and Steel's (BPSL) assets in the money laundering case against its former promoters
The total value, under the provisional order for attachment, is Rs 4,025.23 crore.
Seshagiri Rao, JSW Steel joint managing director and group chief financial officer, explained that the main issue is whether the PMLA has an overriding effect on the IBC
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Allahabad Bank further said it has been observed that the company has misappropriated bank funds, and manipulated books of accounts to raise funds from consortium lender banks
Bhushan Power was in the first list of 12 companies identified by the Reserve Bank of India for debt resolution in June 2017
The searches were carried out at 18 locations in a number of cities, including the Delhi-NCR, Chandigarh, Kolkata, Orissa, at the office and residential premises of the company
The National Company Law Appellate Tribunal (NCLAT) Friday directed the Delhi bench of the NCLT to decide over JSW Steel's bid for the debt-ridden Bhushan Power & Steel by March 31. A two-member NCLAT bench headed by Chairman Justice S J Mukhopadhaya has also directed the National Company Law Tribunal (NCLT) to hear the representatives of operational creditors, promoters along with dissenting banks also. "We expect adjudicating authority (NCLT) to decide the case at an early date to ensure that the matter is decided before the end of this financial year," the appellate tribunal said. During the proceedings, Bhushan Power promoter Sanjay Singal through his counsel offered to settle all dues of the lenders. On this, the appellate tribunal has directed NCLT to also take a decision over Singal's offer to settle. "Liberty is given to adjudicating authority to decide who should be heard as representative of operational creditors or promoters or dissenting financial creditors, if any," .
Sources said JSW Steel stated its intention to infuse an additional Rs 70 billion for any future requirements
Tata Steel offered Rs 166 billion and Liberty Rs 185.9 billion
The bids were submitted for the second time to the CoC late night on August 13. Now the CoC will inform the NCLAT on Friday about the bids received by the interested parties
Bhushan Power and Steel owes about Rs 450 bn to its lenders and it was among the 12 non-performing accounts referred by the RBI for insolvency proceedings in June last year
The appellate tribunal has now said all three bidders -- Tata Steel, Liberty House and JSW -- may file their revised offers by August 13
In May, NCLT approved Tata Steel's bid for Neeraj Singhal-led Bhushan Steel
However, any new plan or revision of plans, if received, will have to be kept in a sealed cover and should not be opened or considered by the CoC
The National Company Law Appellate Tribunal (NCLAT) today gave a go-ahead to the lenders' meeting of debt-ridden Bhushan Power & Steel (BPSL), directing it to finalise a bid for the company. Vacating its earlier stay, the appellate tribunal has directed the committee of creditors (CoC) of the company to consider the resolution plans submitted by three firms -- Tata Steel, Liberty House and JSW Steel. NCLAT has also directed the CoC to call all the three bidders, along with operational creditors and suspended board of directors, in the meeting. The CoC would call for urgent meeting to take the resolution plan for discussion and approval, said a two-member bench headed by Chairman Justice S J Mukhopadhaya. He further said, "Resolution professional (RP), after consulting CoC, will invite operational creditors and all three resolution applicants will remain present on the date of consideration of the resolution plan. The suspended board of director are also allowed to attend the ...