SC to look into consolidation of CIRP of two companies, to settle the law
Regen Powertech Pvt Ltd (RPPL) has sought the Supreme Court’s view on whether the bankruptcy courts can direct consolidation of the insolvency proceedings of two companies, whose businesses are allegedly inter-twined and inter related, for speedy recovery of dues.
A Bench led by Justice Sanjiv Khanna sought response from the resolution professional and others on an appeal by the SBI-led Committee of Creditors questioning the National Company Law Appellate Tribunal’s (NCLAT) decision directing consolidation of CIRPs of RPPL and its wholly-owned subsidiary Regen Infrastructure and Services Pvt Ltd (RISPL) and also setting aside of the approved resolution plan of RPPL.
The CoC argued that the appellate tribunal’s jurisdiction cannot extend into entering upon merits of the business decision made by the CoC in its commercial wisdom, the appeal said, citing the insolvency law committee’s March 26, 2018 report that specifically decided not to address the issue of group companies.
The RPPL lenders in April 2021 approved the resolution plan of RPPL by 94.08 voting percentage and its total claim is for Rs 1306.40 crore.
The CoC of RPPL had opposed the consolidation while the CoC of RISPL had given a conditional consent for consolidation.
Legal experts also say that the issue “requires an authoritative determination” by the SC as this plea of consolidation of insolvency proceedings applying group company doctrine is arising in several cases before the bankruptcy courts. “The IBC is silent on this aspect but the facts in some cases are very compelling where there is siphoning of funds.
