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Home/ Cases/ Food & Agro/ Ruchi Soya Industries Limited
✓ RESOLVED — PLAN APPROVED ● STILL OPERATING · MCA ACTIVE

Ruchi Soya Industries Limited

Now operates as PATANJALI FOODS LIMITED · MCA registry, as of Jun 2026

Corporate insolvency resolution — resolution plan approved · Jul 2019

Food products manufacturer · listed public limited company · incorporated 1986 · 31 years old at admission

Sector Food & Agro Bench NCLT Mumbai CIN L15140MH1986PLC038536 Admitted 15 Dec 2017 Initiated by FC — Standard Chartered Bank Last process activity 05 Feb 2018 · plans invited (Form G)
Acquired by
consortium of Patanjali Ayurved Limited, Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy), Patanjali Parivahan Pvt Ltd and Patanjali Gramudhyog Nyas (collectively, Patanjali Consortium)
Named in the NCLT plan-approval order dated 24 Jul 2019, reproduced as printed in that order. · read the order
Where the money went · admission → plan approval
Admitted claimsRs 12,146 Cr
Fair valueRs 4,162 Cr
Liquidation valueRs 2,391 Cr
Realised for creditorsRs 4,223 Cr
Haircut to creditors: 65.23% Recovery vs liquidation value: 176.6% — plan beat the liquidation floor In plain terms: the published plan figure provides about 35 paise per Rs 1 of admitted claims
Admitted Claims
Rs 12,146.33Cr
#1 of 121 in sector by size
Published plan realisable
Rs 4,223.11Cr
to claimants
Haircut
65.23%
sector typical 74.6%
Rec vs LV
176.6%
sector typical 129.9%
CIRP Duration
1y 7mo
sector typical 1y 6mo
Beat liquidation?
Yes
78% of sector did

Intelligence note

Admitted to insolvency on 15 Dec 2017 by the Mumbai bench, on a petition by Standard Chartered Bank (a financial creditor). A resolution plan from consortium of Patanjali Ayurved Limited, Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy), Patanjali Parivahan Pvt Ltd and Patanjali Gramudhyog Nyas (collectively, Patanjali Consortium) was approved on 24 Jul 2019, 586 days after admission (median for resolved cases: 631 days). Creditors realise 34.77% of Rs 12,146.33 Cr admitted claims - a haircut of 65.2% against a median of 77.1% across resolutions. The plan is worth 176.6% of the liquidation value of Rs 2,391.16 Cr, so creditors did better than a break-up sale.
◆ Flagged as the dominant case of the quarter — 11.94% of resolved claims.

Claims at a glance

full split →
FC 77%
OC 23%
Total admitted Rs 12,146.33 Cr

Case details

CIN
L15140MH1986PLC038536
Incorporated
1986
Registered State
Maharashtra
NCLT Bench
Mumbai
Petition
CP (IB) 1371 & 1372 (MB)/2017
Initiated by
FC — Standard Chartered Bank
Commencement
15 Dec 2017
Outcome Date
24 Jul 2019
Admitted Claims
Rs 12,146.33 Cr
Liquidation Value
Rs 2,391.16 Cr
Fair Value
Rs 4,161.86 Cr
Realisable Amount
Rs 4,223.11 Cr
Recovery vs Claims
34.77%
Recovery vs LV
176.6%

NCLT Mumbai: median 553 days admission → verdict · 34% of concluded matters ended in plan approval (n=1,248, full record) · all benches →

From the plan-approval order

NCLT order of 24 Jul 2019 · full read →
Plan value, as printed
Rs.4,350 crores aggregate infusion into SPV (Rs.4,235 crores towards settlement of creditors/stakeholders + Rs.115 crores towards equity infusion for improving operations)
Payout horizon
On or around the Closing Date, which shall not be more than 75 days from the Effective Date
Performance security
Rs.150,00,00,000/- (Performance Deposit)
Buyer
consortium
Patanjali Ayurved Limited · Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy) · Patanjali Parivahan Pvt Ltd · Patanjali Gramudhyog Nyas
Market test
1 Form G round · 28 EoIs · 4 plans received · negotiation ◆ an earlier plan failed
Reliefs sought
6 asked · 1 granted · 1 left to the authority · 4 declined
Contested
3 objections / queries · 4 conditions imposed by the bench · 1 avoidance application

Recent movement

full timeline →
24 Jul 2019
Resolution plan approved
Acquired by consortium of Patanjali Ayurved Limited, Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy), Patanjali Parivahan Pvt Ltd and Patanjali Gramudhyog Nyas (collectively, Patanjali Consortium)
Haircut 65.23%
12 Dec 2023
NCLT order
19 Dec 2023
Observation
03 Jan 2024
NCLT order
13 Feb 2024
NCLT order

Valuations & recovery

Reg 35 valuations vs outcome
Fair value
Rs 4,161.86 Cr
Liquidation value
Rs 2,391.16 Cr
Recovery vs fair value
101.47%
Recovery vs liquidation value
176.6%

The plan

from the NCLT plan-approval order
Successful applicant
consortium of Patanjali Ayurved Limited, Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy), Patanjali Parivahan Pvt Ltd and Patanjali Gramudhyog Nyas (collectively, Patanjali Consortium)
CoC approval
96.95% voting share · 1st meeting · 30 Apr 2019
How the plan pays
·Resolution Applicant required to infuse an aggregate amount of Rs 4350 crores in SPV, to be amalgamated with the Corporate Debtor from the Closing Date
·Of this, Rs 4,235 crores towards settlement of creditors and stakeholders, and Rs 115 crores towards equity infusion for improving operations of the Corporate Debtor
·New Debt infusion arranged in SPV of Rs 3,233.36 crores, sourced from In Principle Sanction Letters for Funding from State Bank of India for Rs 3300 crores and Union Bank of India for Rs 600 crores
·Total row of payment structure table: Verified Claims Rs 12,146.31 crores against Proposed Payment Rs 4,235.00 crores
·IRP Costs paid in full by the Closing Date, not more than 75 days from the Effective Date, in priority to any claim of any other creditor
The resolution order · 2019-07-24

Resolution plan approved

L15140MH1986PLC038536 ·
  1. Ruchi Soya Industries Limited

Explore the plan, creditor treatment and Tribunal directions.

Extracted order information; consult the linked order for authoritative wording. OCR and extraction can contain errors.

Read the source order ↗

19 sections · All recorded details available below

Plan funding & costs
Total plan funding, as printed
Rs.4,350 crores aggregate infusion into SPV (Rs.4,235 crores towards settlement of creditors/stakeholders + Rs.115 crores towards equity infusion for improving operations)
Payout horizon as printed
On or around the Closing Date, which shall not be more than 75 days from the Effective Date
Plan term as printed
Term of the Plan commences on the Effective Date and continues until the Closing Date
CIRP cost, as printed
Actuals as approved by the CoC (specific amount not disclosed in the Plan; RP directed by the Bench to submit a detailed breakup of the actual CIRP cost before the next date of listing)
Cirp cost treatment
To be paid in full and in priority to any claim of any other creditor, as on the Closing Date, out of the internal accruals/cash flow of the Corporate Debtor; Closing Date not more than 75 days from the Effective Date; CoC Costs to be fully borne by the CoC except Rs.2 crores to be paid by the Corporate Debtor out of internal accruals/cash flow on or prior to the Closing Date, not counted as part of IRP cost
Performance security
Rs.150,00,00,000/- (Performance Deposit)
Performance security instrument
cash
Earnest money deposit
Rs.50,00,00,000/- (Earnest Money Deposit, in two tranches)
Units note
Figures printed mostly in Rs. Crores in the tables and narrative
Who is owed & what the plan provides9 entries

Figures printed mostly in Rs. Crores in the tables and narrative

Body of order · 9 rows

StakeholderClaims submittedClaims admittedPlan provisionPercentage & basis
Corporate Insolvency Resolution Process CostNot recorded-Actuals as approved by the CoC
Secured Financial CreditorsNot recorded8377.424053.1948.39%of admitted
Workmen and Employee duesNot recordedN/A14.92
Unsecured Financial Creditors (other than related parties)Not recorded1007.3240.003.97%of admitted
Statutory Dues (Claims by Government Authorities)Not recorded44.9625.00
Operational Creditors (other than a related party/connected persons and existing promoters, other than Workmen/Employee Dues and Statutory Dues)Not recorded2716.6190.006.28%of admitted (unrelated-party verified claims portion only, Rs.1,431.63 crore, per para 91)
Operational CreditorsPortion claimed by unrelated parties (of the Rs.2,716.61 crore total)Not recorded14,31,62,68,911/- (approx. Rs.1,431.63 crore)Not recorded
Providing counter guarantee/100% margin/replacement of existing bank guarantees that are not invokedNot recordedN/A11.89
TotalNot recorded12,146.314,235.00
Payment & implementation schedule8 entries
  1. Seq
    1
    Beneficiary
    CIRP/IRP Costs
    Amount as printed
    Actuals as approved by the CoC
    Timing as printed
    In full, in priority to any claim of any other creditor, by the Closing Date (not more than 75 days from the Effective Date), out of internal accruals/cash flow of the Corporate Debtor
  2. Seq
    2
    Beneficiary
    CoC Costs (excess over what CoC bears itself)
    Amount as printed
    Rs.2 crores
    Timing as printed
    Paid by the Corporate Debtor out of internal accruals/cash flow on or prior to the Closing Date
  3. Seq
    3
    Beneficiary
    Secured Financial Creditors
    Amount as printed
    Rs.4,053.19 crores
    Timing as printed
    On or around the Closing Date, pari passu among all secured Financial Creditors
  4. Seq
    4
    Beneficiary
    Workmen and Employee dues
    Amount as printed
    Rs.14.92 crores (maximum)
    Timing as printed
    On the Closing Date, in priority to Financial Creditors
  5. Seq
    5
    Beneficiary
    Unsecured Financial Creditors (other than related parties)
    Amount as printed
    Rs.40.00 crores
    Timing as printed
    On or around the Closing Date
  6. Seq
    6
    Beneficiary
    Statutory Dues (Government Authorities)
    Amount as printed
    Rs.25.00 crores (or liquidation value allocable, whichever higher)
    Timing as printed
    On or around the Closing Date
  7. Seq
    7
    Beneficiary
    Operational Creditors (unrelated parties)
    Amount as printed
    Rs.90.00 crores (or liquidation value allocable, whichever higher)
    Timing as printed
    By the Closing Date, not more than 75 days from the Effective Date, in priority to Financial Creditors
  8. Seq
    8
    Beneficiary
    Counter-guarantee/100% margin for uninvoked bank guarantees
    Amount as printed
    Rs.11.89 crores
    Timing as printed
    Provided by SPV/its bankers to prevent invocation/enable renewal or roll-over, to maintain the Corporate Debtor as a going concern
Resolution applicant & funding
Entity type
consortium
Consortium members
  1. Patanjali Ayurved Limited
  2. Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy)
  3. Patanjali Parivahan Pvt Ltd
  4. Patanjali Gramudhyog Nyas
Sources of funds
Equity infusion by Resolution Applicant in SPV Rs.204.75 crore (from Performance Deposit of Rs.150,00,00,000 + Earnest Money Deposit of Rs.50,00,00,000 = Rs.200 crore, plus Rs.4.75 crore from internal accruals); Non-Convertible Debentures subscribed by Resolution Applicant in SPV Rs.450 crore and Preference shares subscribed by Patanjali Ayurved Limited (PAL) in SPV Rs.450 crore, sourced from a Rs.300 crore Bank of Baroda in-principle sanction letter to PAL and the remaining Rs.600 crore from internal funding/accruals/cash flow of the consortium entities; New Debt infusion/arrangement in SPV of Rs.3,233.36 crore via in-principle sanction letters from State Bank of India (Rs.3,300 crore to Patanjali Consortium) and Union Bank of India (Rs.600 crore to SPV-Patanjali Consortium); Rs.11.89 crore for providing counter-guarantee/100% margin/replacement of existing uninvoked bank guarantees; Total aggregate Rs.4,350.00 crore. The Bench found (para 95) a wide gap between the Rs.600 crore internal-accrual source stated in the Plan and the actual funds evidenced by CA certificates/bank statements (aggregating approx. Rs.145 crore: PAL Rs.75 crore, Divya Pharmacy Rs.65 crore, Patanjali Parivahan Rs.2.26 crore, Patanjali Gramudyog Nyas Rs.2 crore), and directed the RP/Resolution Applicant to bridge this gap before the next listing
Post plan management
Proposed nominated Board members: Shri Acharya Balkrishna, Shri Ram Bharat, and Smt. Sneh Bharat; existing senior management personnel to be retained, with additional key managerial personnel to be appointed to strengthen operations
Business & treatment of stakeholders
Statutory dues
Verified/admitted claim of Rs.44.96 crore; maximum of Rs.25 crore or the liquidation value allocable towards statutory dues, whichever higher, proposed to be paid to Government Authorities; all such claims to stand extinguished upon receipt of the proposed amount pursuant to approval of the Plan
Operational creditors
Total admitted/verified claim Rs.2,716.61 crore, of which only Rs.14,31,62,68,911/- (approx. Rs.1,431.63 crore) is claimed by unrelated parties; unrelated-party Operational Creditors (excluding Workmen/Employee Dues and Statutory Dues) to be paid a maximum of Rs.90 crore or the liquidation value allocable, whichever higher, pro-rata against verified amount, in priority to Financial Creditors, by the Closing Date (not more than 75 days from the Effective Date); Liquidation Value due to operational creditors was stated to be not known to the Resolution Applicant at the time of Plan submission; amounts proposed distributed only among unrelated parties
Workmen employees
Payment proposed on the Closing Date, in priority to Financial Creditors; recurring workmen/employee dues continue to be paid on a periodical basis by the Resolution Professional in the interim; maximum Rs.14.92 crore = 100% of amounts duly verified and outstanding as on the Effective Date, or the proportionate liquidation value allocable, whichever higher, subject to the Rs.14.92 crore cap; any shortfall of actual dues against the Rs.14.92 crore cap, and any surplus in uninvoked bank-guarantee allocation, to be additionally paid to Secured Financial Creditors
Litigation carveout
Suspension Period relief (extension of a moratorium-type bar on suits/enforcement/recovery till the Closing Date) sought under Clause 8.1.1 was declined as an impermissible extension of the statutory moratorium; relief for termination of conflicting third-party intellectual-property arrangements was allowed, without the Tribunal adjudicating the underlying ownership dispute over RSIL's intellectual property (including pending arbitration petition no. MJC AV/0000023/2018), which continues per law unaffected by this order
Assets description
Intellectual property rights (brands, trademarks, copyrights per Schedule 9 of the Plan) owned by RSIL, valued at approximately 28% of Non-Current Assets per the audited financial statements for FY ended 31 March 2017, described as a material asset comprising a considerable portion of the price quoted under the Resolution Plan; going-concern edible oil/agri-processing business
Going concern status
Corporate Debtor to continue on a going concern basis; Monitoring Committee/Monitoring Agent to manage operations in the ordinary course during the Term (from the Effective Date until the Closing Date)
Bidding, professionals & process
Interim resolution professional
Mr. Shailendra Ajmera
RP replaced the IRP
No
Invitations for expressions of interest
  1. Round no
    1
    Form g date
    2018-02-05
    Expressions of interest received
    28
    Plans received
    4
    Outcome
    plan approved
Applicants considered
  1. Name
    Adani Wilmar Limited (AWL)
    Stage reached
    withdrawn
    Vote pct
    96.85
    Outcome note
    CoC approved AWL's plan by 96.85% vote share (13th CoC meeting; e-voting 22-23.8.2018); RP filed MA 926/2018 for its approval on 24.8.2018; Supreme Court in V.K. Jain v. Standard Chartered Bank & Ors. (order dated 31.1.2019) directed the CoC to reconsider all plans afresh with objecting creditors participating, interdicting the AWL approval; RP subsequently withdrew MA 926/2018, dismissed as withdrawn by order dated 7.2.2019
  2. Name
    Patanjali Consortium (Patanjali Ayurved Limited, Divya Yog Mandir Trust/Divya Pharmacy, Patanjali Parivahan Pvt Ltd, Patanjali Gramudhyog Nyas)
    Stage reached
    approved
    Plan value as printed
    Rs.4,350 crore aggregate infusion; Rs.4,235 crore to creditors/stakeholders
    Vote pct
    96.95
    Outcome note
    Plan re-submitted to e-voting after Supreme Court directive (e-voting 26.4.2019 8pm to 30.4.2019 8pm); approved by CoC with 96.95% voting share on 30.4.2019; approved by this Tribunal on 24.7.2019, subject to conditions and further affidavit
  3. Name
    Godrej Agrovet Limited (Godrej)
    Stage reached
    plan_submitted
    Outcome note
    Submitted a resolution plan by the 2.5.2018 deadline; on review, the plan did not provide for resolution of the Corporate Debtor as a whole and on a going concern basis, unlike AWL's and Patanjali's plans; not carried into the negotiation round
  4. Name
    Emami Agrotech Limited (Emami)
    Stage reached
    plan_submitted
    Outcome note
    Submitted a resolution plan by the 2.5.2018 deadline; on review, the plan did not provide for resolution of the Corporate Debtor as a whole and on a going concern basis, unlike AWL's and Patanjali's plans; not carried into the negotiation round
  5. Name
    3F
    Stage reached
    eoi
    Outcome note
    Communicated interest to participate but neither deposited the 1st and 2nd tranche EMD (aggregating Rs.50 crore) nor submitted a resolution plan
  6. Name
    Sakuma
    Stage reached
    eoi
    Outcome note
    Communicated interest to participate but neither deposited the 1st and 2nd tranche EMD (aggregating Rs.50 crore) nor submitted a resolution plan
  7. Name
    Agrocorp
    Stage reached
    eoi
    Outcome note
    Communicated interest to participate but neither deposited the 1st and 2nd tranche EMD (aggregating Rs.50 crore) nor submitted a resolution plan
  8. Name
    South India
    Stage reached
    eoi
    Outcome note
    Communicated interest to participate but neither deposited the 1st and 2nd tranche EMD (aggregating Rs.50 crore) nor submitted a resolution plan
Bidding mechanism
negotiation
Evaluation matrix present
Yes
Clock events
  1. Kind
    extension
    Days
    90
    Granted date
    2018-06-08
    Reason
    CIRP period extension under Section 12 of the Code, on RP's application based on CoC resolution, as the CIRP period was expiring
  2. Kind
    exclusion
    Granted date
    2019-01-31
    Reason
    Supreme Court in V.K. Jain v. Standard Chartered Bank & Ors. directed that time utilised in the SC/NCLAT proceedings be excluded from the CIRP period, per ArcelorMittal India Private Limited v. Satish Kumar Gupta & Ors.
Advisors
  1. Role
    valuer
    Name
    T.R. Chadha & Co. LLP
    Note
    Registered Valuer appointed on 21.12.2017 to determine the liquidation value of the Corporate Debtor
  2. Role
    valuer
    Name
    GAA Advisory
    Note
    Registered Valuer appointed on 21.12.2017 to determine the liquidation value of the Corporate Debtor
Dissenting creditors
Dissenting fcs
  1. DBS Bank Ltd., Singapore
Dissenting fc treatment
Pari passu/uniform distribution among all secured Financial Creditors, recovery proportionate to approx. 48.39% of admitted debt for each; DBS Bank's request for differential treatment based on its superior/exclusive first charge over specific assets (Baran, Guna, Daloda, Gadarwara, Mumbai, Kandla) was put to a vote by show of hands in the 22nd CoC meeting (23.4.2019) and rejected by all other CoC members, and DBS's application (MA 1746/2019) seeking to set aside the pari passu distribution decision was dismissed by this Tribunal as not maintainable, following the NCLAT ruling in Jyoti Structures that similarly situated Financial Creditors must be treated similarly
Section 30(2)(b) minimum stated
No
Ownership after resolution
Business & treatment of stakeholders
SPV to be amalgamated with and into the Corporate Debtor on and from the Closing Date; Resolution Applicant's funds (equity, Non-Convertible Debentures, preference shares, new debt) infused via the SPV
Merger or amalgamation
Yes
Implementation & monitoring
Monitoring committee
During the period between the Effective Date and the Closing Date, comprises 3 representatives of the Financial Creditors, 3 representatives of the Resolution Applicant, and the Monitoring Agent (Mr. Shailendra Ajmera, the erstwhile RP, to act as Monitoring Agent till the Closing Date); Resolution Applicant has the right to appoint a non-voting observer entitled to receive notices/agendas/minutes and attend meetings; Monitoring Committee to supervise implementation of the Plan, appoint advisors/legal/technical consultants, and monitor management and operations of the Company in the ordinary course on a going concern basis
Monitoring committee members
  1. Name
    Mr. Shailendra Ajmera
    Role
    Monitoring Agent (till the Closing Date)
Reliefs requested & Tribunal decisions6 entries
  1. Seq
    1
    Relief
    Suspension Period in effect till the Closing Date (bar on institution/continuation of suits or legal proceedings, foreclosure/recovery/enforcement of security interest, and recovery of property) - Clause 8.1.1
    Category
    other
    Disposition
    declined
    Reason
    The relief is in effect to extend the moratorium beyond the statutory period under the I&B Code, which cannot be granted and is hence denied
  2. Seq
    2
    Relief
    CBDT to exempt income/gain/profit arising from giving effect to the Plan from tax including MAT; book losses from asset write-off to be set off against future book profits - Clause 8.1.5
    Category
    tax
    Disposition
    deferred_to_authority
    Reason
    The Resolution Applicant has to comply with the provisions of the Income Tax Act, 1961 and other directions issued by the relevant authority under the Act; Ministry of Finance press release dated 06.01.2018 on MAT exemption for insolvent companies noted
  3. Seq
    3
    Relief
    Governmental Authorities to waive stamp duty, filing fees, tax payable/becoming payable on transactions/actions under the Plan, including increase in authorized share capital and stamp duty on amalgamation of the SPV with the Corporate Debtor - Clauses 8.1.7 & 8.1.13
    Category
    stamp_duty
    Disposition
    declined
    Reason
    We are not inclined to allow the said relief. The Resolution Applicant may apply to the relevant regulatory authority for this exemption and the relevant authority may consider it as per law
  4. Seq
    4
    Relief
    Unilateral right of modification, change or termination of contracts entered by the Corporate Debtor with related or unrelated parties or existing promoters - Clause 8.1.10
    Category
    contracts
    Disposition
    declined
    Reason
    No unilateral right of modification, change, or termination of contract can be allowed. However, the Resolution Applicant may modify, change or terminate any contract as per the due process of law
  5. Seq
    5
    Relief
    Adjudicating Authority to conclusively adjudicate ownership/usage of intellectual property rights (Schedule 9, including arbitration petition no. MJC AV/0000023/2018) in favour of RSIL, and to terminate/abate any conflicting third-party IP arrangements from the Effective Date
    Category
    litigation_immunity
    Disposition
    conditional
    Reason
    The said relief is allowed [as to termination of conflicting third-party arrangements] however it is clarified that we have not adjudicated any question of law or fact or any application/petition filed in relation to ownership and/or usage by RSIL of the intellectual property rights, including arbitration petition no. MJC AV/0000023/2018, and such proceedings shall follow their complete course as per law without being affected by this order
  6. Seq
    6
    Relief
    General/catch-all reliefs where the underlying contract/agreement/understanding/proceeding/notice etc. is not specifically identified, or which relate to a future or contingent liability
    Category
    other
    Disposition
    declined
    Reason
    Any relief sought for in the Resolution Plan, where the contract/agreement/understanding/proceedings/actions/notice etc. is not specifically identified or is for future and contingent liability, is at this moment rejected
Treatment of remaining reliefs
Yes
Section 32A protection
silent
Objections & their outcome3 entries
  1. Objector
    DBS Bank Ltd., Singapore
    Objector class
    financial_creditor
    Ground
    Challenged the manner of distribution of Resolution Plan proceeds; sought differential (rather than pari passu) treatment among secured Financial Creditors based on the superior value/quality of its exclusive first charge over specific assets at Baran, Guna, Daloda, Gadarwara, Mumbai and Kandla; sought to restrain distribution pending disposal of its application
    Ia number
    MA 1746/2019
    Disposition
    dismissed
    Effect on approval
    Rejected as not maintainable; Tribunal held, following NCLAT's ruling in Jyoti Structures, that similarly situated Financial Creditors must be treated similarly; pari passu distribution among secured Financial Creditors upheld; overall Resolution Plan approval proceeded
  2. Objector
    ICICI Bank Limited
    Objector class
    financial_creditor
    Ground
    Aggrieved by RP/CoC's refusal to admit ICICI's increased claim (contingent on its having to reverse Rs.65.98 crore under this Tribunal's Section 43 order dated 12.03.2019, under appeal before NCLAT) and refusal to set aside/escrow the differential amount pending that appeal
    Ia number
    MA 1816/2019
    Disposition
    dismissed
    Effect on approval
    Rejected and disposed of; Tribunal declined to make observations as the underlying matter was sub judice before NCLAT (Company Appeal (AT)(Insolvency) No.370 of 2019); CoC's approval and appropriation of the Rs.65.98 crore within the Plan treated as the CoC's considered decision
  3. Objector
    Resolution Professional
    Objector class
    rp
    Ground
    Sought relaxation of the Regulation 39(4) timeline for filing the CoC-approved Resolution Plan with the Adjudicating Authority
    Ia number
    MA 1428/2019
    Disposition
    allowed
    Effect on approval
    Allowed as unopposed; Tribunal held that CIRP Regulation timelines are directory, not mandatory
Clarifications before approval2 entries
  1. Date
    2019-07-24
    What
    Bench directed the Resolution Professional/Resolution Applicant to bridge the gap between the Rs.600 crore source of funds stated in the Plan and the actual available funds evidenced by CA certificates/bank statements (approx. Rs.145 crore), and to provide the exact source of funds before the next date of listing (1.8.2019)
  2. Date
    2019-07-24
    What
    Resolution Professional directed to submit a detailed breakup of the actual CIRP cost (not previously mentioned in the Plan) and details of remuneration payable to Mr. Shailendra Ajmera for discharging duties as Monitoring Agent, before the next date of listing (1.8.2019)
Avoidance proceedings
Applications
  1. Sections
    Section 43
    Respondents
    ICICI Bank Limited
    Amount as printed
    Rs.65.98 crores
    Status
    allowed
    Proceeds treatment
    Bench ordered ICICI to reverse Rs.65.98 crores debited from the Corporate Debtor's current account concerning maturing Letters of Credit, by order dated 12.03.2019, and directed the CoC to decide on appropriation of the amount; ICICI's appeal against this order is pending before NCLAT (Company Appeal (AT)(Insolvency) No.370 of 2019) with an interim direction not to force ICICI to return the amount; the Resolution Plan appropriates this Rs.65.98 crore on the premise it will be reversed and repaid to the Corporate Debtor
Tribunal findings & conditions
Conditions imposed
  1. Condition
    Resolution Applicant to obtain necessary approvals required under any law for the time being in force within one year from the date of this order, or within such period as provided for in such law, whichever is later
    Addressed to
    Resolution Applicant
  2. Condition
    Resolution Professional/Resolution Applicant directed to bridge the gap in source-of-funds information and provide the exact source of funds for the stated Rs.600 crore, before the next date of listing (1.8.2019)
    Addressed to
    Resolution Professional/Resolution Applicant
  3. Condition
    Resolution Professional directed to submit a detailed breakup of the actual CIRP cost, and details of remuneration to be paid to Mr. Shailendra Ajmera as Monitoring Agent, before the next date of listing (1.8.2019)
    Addressed to
    Resolution Professional
  4. Condition
    Additional affidavit to be filed by the Resolution Applicant accepting the modifications made to the Resolution Plan by this order, and other directed information, listed for 1.8.2019
    Addressed to
    Resolution Applicant
Approval conditional on external order
No
Appellate history
Supreme Court in V.K. Jain v. Standard Chartered Bank & Ors. (Civil Appeal No.8430 of 2018, order dated 31.1.2019) interdicted the CoC's earlier approval of AWL's resolution plan and directed the CoC to reconsider all resolution plans afresh with objecting creditors as participants, following ArcelorMittal India Private Limited v. Satish Kumar Gupta & Ors.; this Tribunal's order dated 7.2.2019 directed compliance with that Supreme Court order, and MA 926/2018 (seeking approval of AWL's plan) was dismissed as withdrawn on the same date
Precedents cited
  1. Case
    V.K. Jain v. Standard Chartered Bank & Ors.; Civil Appeal No.8430 of 2018, order dated 31.01.2019
    Proposition
    Time utilised in litigation excluded from the CIRP period; CoC directed to reconsider resolution plans afresh with objecting creditors participating
  2. Case
    ArcelorMittal India Private Limited v. Satish Kumar Gupta & Ors.; Civil Appeal Nos.9402-9405/2018, decided 04.10.2018
    Proposition
    Time utilised in proceedings excluded from the CIRP period; Resolution Professional's role limited to ensuring completeness of resolution plans, not deciding their merits or law-compliance conclusively
  3. Case
    K. Sashidhar v. Indian Overseas Bank; Civil Appeal No.10673/2018, order dated 5.2.2019
    Proposition
    No provision in the I&B Code empowers the Resolution Professional, Adjudicating Authority, or Appellate Authority to reverse the 'commercial decision' of the CoC
  4. Case
    Binani Industries Ltd. v. Bank of Baroda; NCLAT order dated 14.11.2018
    Proposition
    Approval of a Resolution Plan lies in the domain of the CoC, not the Resolution Professional; RP is not to be blamed if the Plan does not satisfy a particular claim so long as it meets mandatory contents and complies with the Code
  5. Case
    Ashutosh Koul and 814 other employees of Jyoti Structures Ltd. v. DBS Bank Ltd. and Others; Company Appeal (AT)(Insol.) Nos.461, 464 and 548 of 2018, order dated 19.03.2019
    Proposition
    All Financial Creditors are to be treated similarly if similarly situated; a first-charge holder's claim to differential treatment among secured creditors rejected; further appeal to Supreme Court (Civil Appeal Nos.3434-3436 of 2019, dated 15.04.2019) dismissed as lacking merit
  6. Case
    Srei Equipment Finance Limited v. Sree Metaliks Limited; NCLAT Company Appeal (AT)(Insol.) No.289 of 2017, order dated 13.12.2018
    Proposition
    Regulation 38(1)(b) and (c), mandating liquidation value to Operational Creditors or dissenting Financial Creditors, is inconsistent with the I&B Code and Section 240(1); a plan providing such liquidation value without other reason to discriminate between similarly situated creditor classes cannot be approved
  7. Case
    Standard Chartered Bank v. Satish Kumar Gupta, RP of Essar Steel Ltd. & Ors.; NCLAT Company Appeal (AT)(Ins)-242 of 2019, judgment dated 04.07.2019
    Proposition
    Concerned the manner of distribution of funds in a resolution plan; distinguished on facts, since operational creditors here (unlike in Essar) are not given NIL/0% and no operational creditor opposes this Plan
  8. Case
    IDBI Bank v. Mamta Binani and Ors.; NCLT Hyderabad Bench, CP (IB) No.41/7/HDB/2017, order dated 09.05.2019
    Proposition
    Financial Creditors holding higher-value security may be given a higher proportion from the resolution fund than those with lower-value or no security, without this amounting to discrimination
  9. Case
    Swiss Ribbons Pvt Ltd v. Union of India; Writ Petition (Civil) No.99/2018, order dated 25.1.2019
    Proposition
    The primary objective of the I&B Code is revival and continuation of the Corporate Debtor, not liquidation; the Resolution Professional has administrative, not quasi-judicial, powers
  10. Case
    Binani Cement Ltd (Binani Industries); NCLAT order dated 14.11.2018
    Proposition
    The Code is not a statute for recovery; Section 48 of the Transfer of Property Act applies only at enforcement/liquidation, not at resolution plan distribution
  11. Case
    Managing Director, ECIL, Hyderabad and Ors v. B. Karunakar and Ors.; (1993) 4 SCC 727
    Proposition
    A new legal principle laid down by a court ordinarily operates prospectively, not retrospectively
Judicial observations
  1. Even during the hearings, the Bench had sought exact/detailed source of funds for the resolution plan, inspite of the same, the information submitted is short of source of funds & there is a wide gap between the source of funds mentioned in the Plan and the actual available funds as per the records submitted. (p.42)
  2. Further, the Resolution Professional has not mentioned the actual CIRP cost. The Resolution Professional is directed to submit detailed breakup of the CIRP Cost before the next date of listing. (p.42)
  3. This bench cannot allow any general power to any resolution applicant absolving him of liability of the corporate debtor company without knowing about the liability against which such exemption is sought. (p.22)
Other applications disposed of3 entries
  1. Case number
    MA 1428/2019
    Outcome line
    Allowed - relaxation of the Regulation 39(4) filing timeline granted as unopposed
  2. Case number
    MA 1746/2019
    Outcome line
    Rejected as not maintainable - DBS Bank's challenge to the pari passu distribution mechanism among secured Financial Creditors dismissed
  3. Case number
    MA 1816/2019
    Outcome line
    Rejected and disposed of - ICICI Bank's application concerning its contingent increased claim dismissed, without observations, given the pending NCLAT appeal
Identity & order dates
Companies named in the order
  1. Ruchi Soya Industries Limited
Order date
2019-07-24
Further order information
The order's header prints the delivery date as '24.7.2109', which is a typographical/OCR error for 2019; corrected to 2019-07-24 based on the signature-page date '24th July, 2019'. This is among the earliest and most heavily litigated large-case resolution plan approvals under the Code (Ruchi Soya/Patanjali) - the approval itself is conditional on the Resolution Applicant filing an additional affidavit accepting the Plan modifications made by this order and on further source-of-funds/CIRP-cost disclosure, both directed to be filed before the next listing date (1.8.2019); it cannot be determined from this document alone whether that subsequent compliance was in fact filed or whether a further order followed.

EoI / Form-G detail

published 05 Feb 2018
Plan submission by
02 May 2018

Case timeline

15 Dec 2017
CIRP commenced
Insolvency proceedings began · NCLT Mumbai
15 Dec 2017
IRP
15 Jan 2018
RP
26 Mar 2018
Dismissed
NCLAT appeal · 2 company applications decided read the order ↗
14 further events in between
01 Aug 2018
NCLT order
MA 518 2018 IN CP IB 1371 AND 1372 MB 2017 read the order ↗
09 Aug 2018
Dismissed
NCLAT appeal read the order ↗
26 Mar 2019
NCLT order
MA 1075 2019 IN CP IB 1371 1372 MB 2017 read the order ↗
29 Apr 2019
Dismissed
NCLAT appeal · CA AT INSOLVENCY NO 261 2018 read the order ↗
08 May 2019
NCLT order
2 miscellaneous applications decided read the order ↗
24 Jul 2019
Resolution plan approved
Acquired by consortium of Patanjali Ayurved Limited, Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy), Patanjali Parivahan Pvt Ltd and Patanjali Gramudhyog Nyas (collectively, Patanjali Consortium)
Haircut 65.23%
14 Aug 2019
NCLT order
MA DIARY NO 5747 2019 IN CP IB 1371 1372 MB 2017 read the order ↗
22 Aug 2019
Avoidance transaction
NCLAT appeal · CA AT INSOLVENCY NO 370 2019 read the order ↗
18 Nov 2019
Dismissed
NCLAT appeal read the order ↗
09 Dec 2019
Dismissed
NCLAT appeal read the order ↗
12 Mar 2020
Commercial wisdom
NCLAT appeal read the order ↗
26 Apr 2021
Madras
17 Feb 2022
NCLT order
03 Jun 2022
NCLAT appeal
27 Jun 2022
NCLT order
3 interlocutory applications decided read the order ↗
08 Nov 2023
NCLT order
12 Dec 2023
NCLT order
19 Dec 2023
Observation
03 Jan 2024
NCLT order
13 Feb 2024
NCLT order
1 year 7 months elapsed · admission → resolution

Company

MCA master · as on 12 Jun 2026
Legal name
PATANJALI FOODS LIMITED
Type
Public · Company limited by shares
Listing
Listed
Incorporated
06 Jan 1986
Authorised capital
Rs 953.05 Cr
Paid-up capital
Rs 217.62 Cr
Industry (MCA)
Manufacturing (Food stuffs)
ROC
ROC Mumbai
Company status
Active — company survived resolution
Registered address
616, Tulsiani Chambers Nariman Point,Mumbai,Mumbai City,Maharashtra,400021-India

Claims profile

creditor-class split
Admitted claims by creditor class
FC 77%
OC 23%
CLASS
ADMITTED
Financial creditors
Rs 9,384.75 Cr
Operational creditors
Rs 2,761.58 Cr
Total
Rs 12,146.33 Cr
Sources, basis and disclaimers → ·
report an error
This case vs Food & Agro
Haircut65.2%
typical for this sector 74.6% · median of 121
Recovery vs liquidation value176.6%
typical for this sector 129.9% · median of 120
78% of resolutions in this sector recovered more than their liquidation value — this one did.
Time to resolution586 days
typical for this sector 574 days · median of 121
Size rank in sector#1 of 121
Key parties
Resolution Professional
10 IBBI mandates · 166.8% of liquidation value realised across concluded work
IRP at commencement
Shailendra Ajmera· Dec 2017
CIRP initiated by
Standard Chartered Bank FC
Resolution applicant
consortium of Patanjali Ayurved Limited, Divya Yog Mandir Trust (through its business undertaking, Divya Pharmacy), Patanjali Parivahan Pvt Ltd and Patanjali Gramudhyog Nyas (collectively, Patanjali Consortium)

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