Well timed liquidation ought to be most well-liked over fruitless, infinite decision proceedings, says NCLAT


The Nationwide Firm Regulation Appellate Tribunal (NCLAT) has upheld an order to liquidate the debt-ridden Siva Industries and Holdings Ltd, observing that “well timed liquidation is most well-liked over fruitless and infinite resolution continuing”.

A two-member NCLAT bench, whereas dismissing a petition filed by Vallal RCK, mentioned if the Nationwide Firm Regulation Tribunal (NCLT) will not be in receipt of a decision plan after the expiry of the utmost interval of 330 days, then the liquidation of the company debtor is to ensue.

“If the time interval for Company Insolvency Decision Interval (CIRP) was prolonged however the Decision Plan was not accepted by NCLT then liquidation of the corporate may be ordered underneath Part 33 of the I & B Code. Well timed liquidation is most well-liked over fruitless and infinite Decision continuing,” the NCLAT mentioned.

The Chennai bench of the NCLT had on August 12, 2021 rejected a settlement plan supplied by the promoters underneath Part 12A of the Insolvency and Chapter Code (IBC) and directed initiating liquidation proceedings towards Siva Industries.

This order was challenged by Vallal RCK, father of Siva group founder C Sivasankaran.

Below Part 12A of the IBC, the NCLT can allow withdrawal of an ongoing insolvency course of towards an organization topic to sure situations. Such utility is filed by the corporate with 90 per cent votes of the Committee of Collectors (CoC).

In his petition, Vallal had contended that his settlement proposal initially acquired 70.63 per cent votes.

Nonetheless, Worldwide Belongings Reconstruction Co Ltd, having 23.60 per cent voting share, later determined to alter its vote to approve the promoter’s settlement proposal.

After that, one other assembly of CoC was held, which on April 6, 2021 accepted the Rs 333.21 crore settlement provide with a haircut of 93.5 per cent.

Following this, the decision skilled of the corporate filed an utility underneath Part 12A to withdraw insolvency proceedings towards Siva Industries.

Nonetheless, passing an order on August 12, 2021, the NCLT not solely dismissed the proposal but additionally directed to provoke liquidation proceedings towards the corporate.

“There is no such thing as a finality reached between the promoter of the Company Debtor and the CoC as per clause…of the Settlement proposal; therefore based mostly on ambiguity of phrases of settlement, we can’t order for withdrawal of the CIRP,” NCLT had mentioned.

This was challenged by Vallal earlier than the appellate insolvency tribunal NCLAT, which final week dismissed his plea and upheld the order to provoke insolvency proceedings.

Insolvency proceedings towards Siva Industries and Holdings Ltd was initiated in July 2019 after a default of almost Rs 5,000 crore.

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