No resolution plan approved within the process — order under Section 33(1)
RP's application under s.33(1) r/w Rule 11 NCLT Rules after the resolution plan was declared failed on the e-voting concluded 30.03.2021; the 27th CoC Meeting held on 30.03.2021 "recommended to first go for selling of CD as a going concern under Regulation 32(e) of the IBBI (Liquidation Process) Regulations, 2016" and suggested a scheme of arrangement under s.230 of the Companies Act, 2013 be run simultaneously in the interest of time (p.4-p.5)
Liquidator
Ashwini Mehra
the resolution professional continued as liquidator
Petition
Icici Bank Limited · Section 7 · admitted 08 Mar 2019
Bench & coram
National Company Law Tribunal, Principal Bench, New Delhi
SH. RAMALINGAM SUDHAKAR, HON'BLE PRESIDENT · SH. AVINASH K. SRIVASTAVA, HON'BLE MEMBER, TECHNICAL
Claims received
204,627,794,968/- (1238 claims)
Claims admitted
Rs 133,863,364,182 (1097 claims)
Debt as stated
Rs 133,863,364,182 (total admitted claims - see claims_totals)
CIRP-stage claims before the Resolution Professional, from the document filed under clause (ca) of sub-regulation (2) of Regulation 13 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, comprising "summary of claims received and summary of claims admitted" (p.3). Prose at p.3 states "In total, there are 1097 claims amounting to Rs 133,863,364,182 which are admitted", which fixes the second column-pair of the table as ADMITTED and the first (1238 / 204,627,794,968/-) as RECEIVED. The per-category breakdown is carried in coc_composition, keyed by CATEGORY OF CREDITOR rather than by named creditor - the order prints no named-creditor CoC table. Amounts are as printed; only OCR whitespace inside numerals has been closed up. Row 6 prints 4 admitted claims against a dash ("-----") in the admitted-amount cell. Both printed column totals were re-summed and agree exactly with the six category rows (counts 31+12+201+11+838+4 = 1097; amounts 115,743,106,501+7,260,128,350+55,054,328+476,273,424+10,328,801,579 = 133,863,364,182).
Going concern
"The application is ALLOWED by ordering Liquidation of the corporate debtor, namely M/s Punj Lloyd 'as a going concern'" (p.6), with permission granted to the Applicant "for taking steps as per provisions of Sec 230 of the Companies Act, 2013 in addition to liquidate the Corporate Debtor as a going concern" (p.6). The RP had relied on NCLAT's decision in Company Appeal (AT) (Insolvency) 495 & 496 of 2018, Sekaran vs. Amit Gupta & Ors., and prayed that if the s.230 procedure does not fructify the Liquidator be permitted to liquidate the CD as a going concern under the Code.
Market test
No Form G round count stated. The RP issued a Request for Resolution Plan ('RFRP'); "Initially, 10 potential Resolution applicants expressed interest in the resolution process of the Corporate Debtor. This was followed by interest from three other potential resolution applicants (PRAs). Accordingly, these 13 potential resolution applicants were granted access to the virtual data room after executing the Non-Disclosure Agreement." (p.2)
Resolution plans that did not survive · 1
Consortium of Payard Investments Private Limited ("PIPL") and Prudent ARC Limited ·
rejected by CoC ("for" 8.06%; "against" 79.53%; "Abstained from voting on the Resolution" 12.41%) "A final resolution plan was submitted by the consortium of Payard Investments Private Limited (\"PIPL\") and Prudent ARC Limited on 21.01.2021", amended by a first addendum on 27.01.2021, a second on 31.01.2021 and a third on 05.02.2021. The plan was put to vote in the CoC meeting held on 16.02.2021 and, after extensions on various dates upon requests made by members of CoC, e-voting under Regulation 25(5) of the CIRP Regulations concluded on 30.03.2021. "The voting percentage 'for' the resolution plan was '8.06%' and 'against' the plan was 79.53%, 'Abstained from voting on the Resolution' was 12.41%. Resultantly, the plan was declared as 'failed'." (p.4). The order records no reasons of the CoC beyond the failure to secure the requisite majority.
Dates the order recites · 11
08-03-2019CIRP admitted on ICICI Bank Limited's s.7 application IB-731(PB)/2018
22-05-2019Mr. Ashwini Mehra appointed Resolution Professional by order of the Tribunal
21-01-2021Final resolution plan submitted by the consortium of Payard Investments Private Limited and Prudent ARC Limited
27-01-2021First addendum to the resolution plan submitted
31-01-2021Second addendum to the resolution plan submitted
05-02-2021Third addendum to the resolution plan submitted
16-02-2021Resolution plan put to vote in the CoC meeting
30-03-2021E-voting concluded; plan declared "failed" (8.06% for, 79.53% against, 12.41% abstained)
30-03-202127th CoC Meeting recommended selling the CD as a going concern under Reg. 32(e) with a simultaneous s.230 scheme
11-04-2022AFA issued to the RP by the Indian Institute of Insolvency Professionals of ICAI, valid 11.04.2022 to 10.04.2023
27-05-2022Liquidation of Punj Lloyd ordered 'as a going concern'; Mr. Ashwini Mehra appointed liquidator; fresh moratorium u/s 33(5) commenced