NCLAT stays lenders voting on Bhushan Power offers

Operational creditors conoveyed to the NCLAT that their representative was not allowed to attend the meeting. There are 1,700 operational creditors and all of them would be wiped out if their money is not recovered, they said.

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NCLAT said all the parties including operational creditors should have been informed about the meeting, and stayed it for not following the rules. (Photo: Reuters/File)

The National Company Law Appellate Tribunal (NCLAT) on Tuesday stayed the meeting of Committee of Creditors (CoC) of Bhushan Power and Steel Ltd to vote on the finalisation of bids for the takeover of the firm.

A two-member NCLAT bench headed by Chairman Justice S J Mukhopadhaya also came down on the Resolution Professional (RP) Mahendra Kumar Khandelwal for not following its previous orders to allow the representatives of operational creditors to attend the meeting. NCLAT said it would consider whether contempt of court proceedings should be initiated against the RP in the next hearing. It directed him to be present in the next hearing. “The CoC should not proceed with the meeting at present. If the meeting is fixed today, let it be adjourned for two days. Let the matter be listed on Friday,” NCLAT said.

NCLAT said all the parties including operational creditors should have been informed about the meeting, and stayed it for not following the rules. “RP would be personally present in the next hearing on July 20 and we will see if proceedings of contempt of court should be initiated against him or not,” the bench said.

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Operational creditors conoveyed to the NCLAT that their representative was not allowed to attend the meeting. There are 1,700 operational creditors and all of them would be wiped out if their money is not recovered, they said.

The NCLAT further asked Liberty House, a resolution applicant, to submit clarification sought by the RP over its eligibility criteria under the Insolvency & Bankruptcy Code (IBC). “Liberty House may give a clarification to RP and CoC over clarification sought on compliance of 29 A of IBC,” the bench said.

During the proceedings, senior advocate A S Chandioke, appearing for Liberty House, submitted that on July 11, RP gave a 19 page checklist seeking the company’s compliance on 29 A of IBC. “It is not clear as to what clarification is to be given under 29 A if the resolution applicant has given all information. He is not supposed give any further information. If any clarification is required to be taken then it has to be taken at CoC meeting in which the applicant would be called,” the bench said.

Earlier, citing delay, the company’s lenders had rejected the resolution plan submitted by Liberty House following which the UK-based group had moved the National Company Law Tribunal. The NCLT had on April 23 directed BPSL’s lenders, led by PNB, to consider the bid submitted by Liberty House. This order was later challenged by Tata Steel, another resolution applicant of BPSL, before NCLAT — the appellate tribunal. —With PTI