
Displaying items by tag: National Company Law Appellate Tribunal
India: The National Company Law Appellate Tribunal (NCLAT) has declined to stay insolvency proceedings against Jaiprakash Associates, following a challenge by its board. The board has been suspended since the NCLAT admitted an insolvency plea against the company on 3 June 2024. Press Trust of India News has reported that ICICI Bank first initiated proceedings over outstanding debts in September 2018.
The board of Jaiprakash Associates submitted that it will remain ‘asset-rich,’ even after it sells cement plants to repay loans. It attributed its present ‘liquidity crunch’ to delayed government approvals, ‘prolonged’ litigation and policy changes. The NCLAT stated that it must admit insolvency pleas in cases of defaulted debt repayment, saying that a judicial resolution will prevent further depletion of Jaiprakash Associates’ assets.
India: ICICI Bank has asked the National Company Law Appellate Tribunal (NCLAT) to speed up an insolvency petition against Jaiprakash Associates. It said that there had been no progress on the plea since September 2019, according to the Hindu newspaper. The private bank alleges that the subsidiary of Jaypee Group has delayed the petition through adjournments of the process. It owes the bank around US$185m.
Jaiprakash Associates sold six integrated cement plants and five grinding plants to UltraTech Cement for US$2.5bn in 2017. It was reportedly in talks with LafargeHolcim’s subsidiary ACC in mid-2018 to sell its remaining cement business.
India: The Builders Association of India (BAI) has called for the creation of a regulatory body to control the price of cement. Sachin Chandra, the president of BAI, called on the newly elected Indian government to set up the organisation, according to the Hindu newspaper. He alleged that the Monopolies and Restrictive Trade Practices (MRTP), the Competition Commission of India and the National Company Law Appellate Tribunal had ‘repeatedly’ found evidence of anti-competitive behaviour in the cement industry.
Supreme Court dismisses judicial review request by Dalmia Bharat
10 January 2019India: The Supreme Court has dismissed a request by Rajputana Properties, a subsidiary of Dalmia Bharat, to review to decision to dismiss a plea challenging the National Company Law Appellate Tribunal's (NCLAT) order allowing UltraTech Cement to acquire Binani Cement, according to the Financial Express newspaper. UltraTech Cement declared that Binani Cement was its subsidiary in November 2018 following a protracted legal battle with Dalmia Bharat. It changed its name to UltraTech Nathdwara Cement in December 2018.