Essar Steel insolvency: SC sets aside NCLAT judgement, gives upper hand to banks

Ruling on the long fought case, the Supreme Court on November 15 set aside judgement and said that the ultimate discretion on distribution of funds was with the Committee of . The Committee of (COC) consists of .

The NCLAT had earlier said that the funds from the winning bid should be distributed equally among operational and financial creditors.

The issue saw a keen tussle among the banks and separately between the financial institutions and Essar Steel’s operational creditors who alleged that ’s winning bid did not meet their dues.

ArcelorMittal already won the bid for Essar Steel, having got the approval for its Rs 42,000 crore bid. The Supreme Court order now paves the way for the world’s largest steelmaker to begin the acquisition process, and finally get a presence in what is still among the fastest growing steel markets in the world.

This is especially relevant now, given that the steel industry overall is going through a slump, and ArcelorMittal has been forced to cut production in many of its facilities globally.

“We are very pleased with the judgment that our resolution plan has been approved. We look forward to the closing of the acquisition soon,” said ArcelorMittal spokesperson.

This will also mark the exit of the Essar Group from the steel business, once their crown jewel. The Group continue to rue that the CoC didn’t consider its offer of Rs 54,389 crore, which they claim would have paid off all creditors.

“We wish Arcelor Mittal and Nippon Steel the very best on their entry into the Indian market. They are acquiring a world-class facility in a market that has a long runway for growth,” an Essar spokesperson said.

The decision

The court has held that it is the bank’s decision to maximise the value of the corporate debtor and added that the CoC should also balance the interests of all stakeholders.

The court has added that the NCLT cannot interfere with the commercial decisions taken by the COC and that, if the NCLT finds that legal parameters are not met, it can send it back to COC but not tinker with the plan.

Essar Steel owes about Rs 49,000 crore to dozen banks. State Bank of India has among the highest exposure, with over Rs 15,000 crore.  Others include  Bank, IDBI Bank and Syndicate Bank.

Overall, industry executives point out that Essar Steel has among the highest realization for an insolvency case, which usually averages around 53 percent. In the case of Essar Steel, the lenders will realise 85 percent of their exposure.

Timeline relaxed

The Supreme Court also relaxed the timeline of 330 days prescribed in the . It said that the NCLAT was open to extend the timeline, if required.

In July this year, the government made amendments to the IBC, revising the time limit to 330 days, from the earlier 270 days.

“The Court has made it clear that 330 days is not mandatory. And it gives room whenever there is a bona fide or exceptional reason to extend the time frame,” said Bishnoi. World over, it takes about two-and-a-half years so cases to be settled, he added.The Essar Steel insolvency saga began in August, 2017.

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