NCLAT refuses to stay Tata Steel’s Bhushan Steel acquisition

THE INDIAN EXPRESS
May 22, 2018

A two-member bench, headed by NCLAT chairman Justice SJ Mukhopadhaya, issued notices to Tata Steel, the resolution professional and committee of creditors (CoC) of the company, and asked them to reply within a week.

The National Company Law Appellate Tribunal (NCLAT) on Monday refused to stay Tata Steel’s acquisition of debt-laden Bhushan Steel under the corporate insolvency resolution process though it admitted promoter Neeraj Singal’s plea challenging the entire resolution process and the sale.

Singal, who had around 22 per cent stake in the company as on March-end, also said that Tata Steel was not eligible to bid under section 29 (A) (d) of the Insolvency and Bankruptcy Code (IBC) that bars a company convicted for any offense punishable with imprisonment for two years and more. He alleged that Tata Steel UK attracts disqualification as it has been found guilty on two counts, by a February 2 order, under the Health and Safety at Work Act, 1974.

Singal, said, adding that no notice was given to the company promoters when CoC was approving the resolution plan and even after approving the plan.

A two-member bench, headed by NCLAT chairman Justice SJ Mukhopadhaya, issued notices to Tata Steel, the resolution professional and committee of creditors (CoC) of the company, and asked them to reply within a week. The matter is scheduled to be heard next on May 30. The appellate tribunal said that the ongoing resolution process for the company would be subject to the final outcome of the case.

The National Company Law Tribunal (NCLT) had on May 15 approved Tata Steel’s resolution plan for Bhushan Steel. Tata Steel has offered to pay Rs 35,200 crore to the financial creditors and Rs 1,200 crore to the operational creditors of Bhushan Steel, which owes Rs 56,080 crore to its financial creditors and Rs 1,332 crore to operational creditors, respectively.

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