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NCLAT to reopen hearing on Essar Steel auction

The Tribunal will hear arguments from ArcelorMittal, Numetal and the lenders on Wednesday and Thursday

May 29, 2018 / 11:53 IST
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    Putting the Essar Steel auction back into action, the National Company Law Appellate Tribunal has called for hearing on Wednesday and Thursday.

    The Tribunal took the decision to call for hearings from listening to a petition by Essar Steel lenders who had sought early hearing on petitions by Numetal and ArcelorMittal, who had bid for the stressed steelmaker.

    The NCLAT on May 22 had put the auction on hold, and had slotted the next hearing only for July. The hearings were on petitions filed by Numetal and ArcelorMittal over their eligibility to bid.

    But the lenders argued that the delay in the hearing was costing them money. Leader lender State Bank of India had pointed out that Essar Steel had an outstanding debt of Rs 52,569 crore. And since the insolvency process began, another Rs 5,100 crore of of interest has accrued on the debt.

    The Tribunal will now hear arguments from Numetal, ArcelorMittal and the lenders during the hearings on Wednesday and Thursday. The Tribunal will then close for a month on a summer break and reopen on July 1.

    The sticky issue

    ArcelorMittal had presently argued that bids in the first round should be considered. The world's largest steelmaker had transferred Rs 7,000 crore into an escrow account of SBI to show its intent in clearing the eligibility hurdle.

     The resolution professional had initially termed first round bids by ArcelorMittal and Numetal ineligible under Clause 29A of the Insolvency and Bankruptcy Code.

    Similarly, Numetal was asked to clear the dues of Essar Steel, as its minority shareholder Rewant Ruia was a 'connected person,' given that his father Ravi Ruia is co-founder of Essar Steel.
    But Numetal argued that the second round bids should be opened as the company had bid Rs 37,000 crore for Essar Steel. Rewant Ruia is not part of the Numetal consortium in the second round.
    Prince Mathews Thomas
    Prince Mathews Thomas heads the corporate bureau of Moneycontrol. He has been covering the business world for 16 years, having worked in The Hindu Business Line, Forbes India, Dow Jones Newswires, The Economic Times, Business Standard and The Week. A Chevening scholar, Prince has also authored The Consolidators, a book on second generation entrepreneurs.
    first published: May 29, 2018 11:53 am

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