1995 (9) TMI 300 - HC - Companies Law

Winding up of Champaran Sugar Co. Ltd. & Interim Measures for Factory Operations

Champaran Sugar Co. Ltd., In re.

The High Court ordered the winding up of Champaran Sugar Company Limited, appointing the official liquidator after the Appellate Authority for Industrial ... Winding up - Company when deemed unable to pay its debts Issues Involved:1. Winding up of the company.2. Submission and consideration of rehabilitation schemes.3. Interim measures for running the company's factories.4. Financial viability and support for proposed schemes.5. Role and response of major creditors and government authorities.6. Terms and conditions for interim operation of the factories.Detailed Analysis:1. Winding up of the Company:The Board for Industrial and Financial Reconstruction (BIFR) recommended the winding up of Champaran Sugar Company Limited on June 28, 1993. This recommendation was confirmed by the Appellate Authority for Industrial and Financial Reconstruction (AAIFR) on July 4, 1994. Subsequently, the High Court ordered the winding up of the company on September 5, 1994, and appointed the official liquidator.2. Submission and Consideration of Rehabilitation Schemes:Several parties, including Venkateshwar Vanijya India Limited (VVIL), I.F.B. Agro Industries Limited, and Shree Hanuman Sugar Industries Limited, submitted proposals to take over and run the company. The court directed that these schemes be circulated to major creditors and a meeting be held to consider them. However, no consensus was reached, and VVIL eventually backed out.3. Interim Measures for Running the Company's Factories:Due to the urgency of the crushing season and the plight of the workers and cane growers, the court considered interim measures. Initially, VVIL was permitted to run the factories but failed to comply with the court's terms. Later, Dr. B.C. Roy Pharmaceuticals Limited was allowed to operate the factories under strict conditions as an interim measure.4. Financial Viability and Support for Proposed Schemes:The court emphasized the need to scrutinize the financial viability of the proposals. It was noted that the parties must have substantial financial support to pay off the company's dues. The schemes submitted by Dr. B.C. Roy Pharmaceuticals Limited and Shree Hanuman Sugar and Industries Limited were found vague and lacking in clear financial plans.5. Role and Response of Major Creditors and Government Authorities:Major creditors, including financial institutions and the Bihar Government, did not actively participate in the proceedings despite notices. The IFCI and State Bank of India expressed concerns about the proposals' vagueness and emphasized the need for payment of dues. The Bihar Government, through the Cane Commissioner, suggested conditions for running the mills but did not actively oppose any scheme.6. Terms and Conditions for Interim Operation of the Factories:The court laid down detailed terms and conditions for Dr. B.C. Roy Pharmaceuticals Limited to run the factories as an interim measure:- Deposit of Rs. 50 lakhs as security.- Employment of existing workmen and timely payment of their salaries.- Payment of 25% of arrears to workmen and cane growers.- Purchase of sugarcane at market rates and compliance with legal requirements.- Maintenance of plant and machinery without selling any assets.- Monthly reporting to the official liquidator.- Possibility of altering conditions based on circumstances.The court highlighted the need for a comprehensive technical and financial plan for the mills' reopening and expansion. The interim arrangement aimed to address immediate concerns while allowing time for a final decision on the rehabilitation schemes.