NCLT admits SFIO plea to wind up IBMA
The
Economic Times
February 14, 2019
Rashmi Rajput
Mumbai: The National
Company Law Tribunal, Mumbai on Wednesday admitted Serious Fraud Investigation
Office (SFIO) petitions for winding up the Indian Bullion Market Association (IBMA)
and Juggernaut Projects, which are
being probed in connection with the alleged Rs 5,600-crore National Spot
Exchange (NSEL) scam. IBMA is a subsidiary of NSEL and a stepdown subsidiary of
63 moons, NSEL’s parent. Juggernaut is one of
the exchange defaulters.
SFIO is planning to
file winding-up petitions against 15 defaulter companies, and 17 subsidiaries
and associate companies of NSEL, sources in the know of the development told
ET. “We have started with two companies. The rest will follow soon. This should
be done within the next two to three months and would include both subsidiaries
and defaulters,”said an
official in the know.
“The petitions were
admitted on Wednesday and now, the two parties have been given time till March
4 to file their say. This is when the tribunal will hear the matter again,” advocate
Ashish Mehta, SFIO attorney, told ET
However, Mumbai
Police sources told ET that winding-up pleas may delay the case. “The properties
of defaulters have been attached by the Economic Offences Wing and the Enforcement
Directorate probing the scam. With the SFIO moving for winding up of these companies,
the trial would get delayed, as the assets are common (to both),” said an
official.
“IBMA was registered
as an institutional trading and clearing members (ITCM) of NSEL and had 89
trading members registered under it. It directly had 19 clients registered
under it… IBMA was being used as a vehicle by NSEL for generating fictitious
documents to support the illegal trading on its exchange, that is, by way of
paired traders contracts, to cover up for the fact
that no physical delivery was involved in the trading of the contract,” the
application filed before the NCLT, and reviewed by ET, read.
SFIO states, “Juggernaut
ignored bye-laws of NSEL exchange and started buying and selling goods without
any or sufficient verification of physical commodity…. It was involved in
circular, paper trades where by one entity of the group used to sell the
commodity, while the other entity of the group used to buy the same commodity
with a view to close the loop for the online traders in paired contracts.” Meanwhile,
NSEL Investors Action Group has written to MCA requesting expediting the NSEL-FTIL merger.
NCLT
Allows Fresh Bidding for Amtek
MUMBAI: A Chandigarh
bankruptcy court on Wednesday allowed a fresh round of bids to resolve Amtek
Auto’s debt more than 18 months after the company was put into administration
for its failure to repay about Rs 12,000 crore to lenders. The National Company
Law Tribunal (NCLT) has granted the resolution professional (RP) an exclusion period of 140 days to
re-do the insolvency resolution process, two people aware of the development
told ET.
NCLT was hearing a petition by the Committee
of Creditors. (By: ET
Bureau: VATSALA GAUR)
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