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        Companies Law

        2019 (8) TMI 1743 - AT - Companies Law

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        Appellate Tribunal Orders Progress Report for ILFS, Creditor Claims, Asset Dealings The Appellate Tribunal directed Union of India/ILFS to submit a Progress Report promptly. They were instructed to settle creditors' claims for specific ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Appellate Tribunal Orders Progress Report for ILFS, Creditor Claims, Asset Dealings

                            The Appellate Tribunal directed Union of India/ILFS to submit a Progress Report promptly. They were instructed to settle creditors' claims for specific entities, obtain permission for dealing with assets of other entities, and expedite resolution processes. Non-compliance with orders could lead to contempt of court. A Red Entity expressed willingness to pay debts, subject to verification. The Tribunal scheduled further orders and mandated a new Progress Report submission by a specified date.




                            Issues:
                            1. Progress report submission by Union of India/ILFS.
                            2. Settlement of claims of creditors for three Amber/Green Entities.
                            3. Steps to be taken with regard to 82 Red Entities.
                            4. Permission requirement for dealing with assets of Red Entities.
                            5. Conducting meetings with Financial Creditors/Lenders.
                            6. Debiting amounts in violation of the tribunal's order.
                            7. Viability of a Red Entity to pay debts.
                            8. Filing a fresh Progress Report by Union of India/ILFS.

                            Analysis:
                            1. The Appellate Tribunal noted that despite a previous order, no Progress Report had been filed by Union of India/ILFS. They were given another opportunity to submit the Progress Report by the next day.

                            2. The Tribunal emphasized that before the next hearing, the Union of India must finalize and settle the claims of all creditors concerning three specific Amber/Green Entities according to a signed Term Sheet. Additionally, they were instructed to notify all Financial Creditors of other Amber Entities and seek their consent similar to the process followed for the mentioned three entities.

                            3. Regarding the 82 Red Entities, the Union of India/ILFS were directed to outline the steps they intended to take. Prior permission from a designated authority was mandated before any transactions involving the assets of these entities to avoid violating the Interim Order of the Tribunal.

                            4. The Tribunal stressed the importance of obtaining prior approval before selling, transferring, or dealing with any assets of the Red Entities. Failure to do so would be considered a breach of the Tribunal's Interim Order issued in October 2018.

                            5. Union of India/ILFS were permitted to convene meetings with Financial Creditors/Lenders and urged to expedite the resolution process for all Amber Entities, especially the three specific ones and the remaining ten entities, considering the significant time elapsed since the Interim Order.

                            6. In case any Bank/Financial Institution had debited amounts contrary to the Tribunal's order, Union of India/ILFS were authorized to report the matter to the designated authority for appropriate action. The institutions involved were to be informed that such actions might lead to contempt of court.

                            7. A Red Entity, represented by a senior counsel, expressed readiness to pay off debts, indicating viability and solvency. The Tribunal directed that if confirmed, the concerned Financial Creditor could bring this to the attention of the designated authority for necessary actions.

                            8. Finally, Union of India/ILFS were directed to submit a fresh Progress Report by a specified date, and the appeals were scheduled for further orders on a specific date and time.
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                            ActsIncome Tax
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