NCLT rejects JAL's claim of liquidity crunch due to delay in govt approvals, litigations
insolvency proceedings against Jaiprakash Associates Ltd (JAL), rejected the company's contention that it faced a liquidity crunch and defaulted on debt repayments mainly due to delays in government approvals and prolonged litigation concerning land acquisition for Yamuna Expressway and change in government policies. It has been held by the Supreme Court that if there is a debt and default in repayment of debt and application filed by a financial creditor under section 7 of Insolvency & Bankruptcy Code, then the insolvency plea is to be admitted, the NCLT's Allahabad bench said.
Lok Sabha Election Results 2024 Live Updates
Lok Sabha Elections: The biggest winners of the day
The surprising upsets and the biggest losers
The insolvency tribunal also rejected the submissions of JAL pleading not to initiate insolvency on grounds such as the feasibility of initiating CIRP, overall financial health and viability of the company and receivables which may go to meet the outstanding debts.
«The reason cited by the counsel of JAL is liquidity crunch due to delays in government sanctions /approvals, prolonged litigation with respect to land acquisition for Yamuna Expressway, economic slowdown, change in government policies, etc. which is always present when a business is carried out and that cannot have any bearing on initiation of proceeding under Section 7 of IBC, when there is a debt and default in repayment of such debt as provided under Section 7 of IBC,» said NCLT in its 120-page order.
JAL has submitted
