Insolvency and Bankruptcy Code (IBC)
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Supreme Court reserves verdict on whether insolvent telcos RCom, Aircel can sell spectrum to repay lenders
MINT· 2025-11-13 09:14
Core Viewpoint - The Supreme Court is deliberating on the treatment of telecom spectrum held by Aircel and Reliance Communications (RCom) during their insolvency proceedings, with a decision pending that could clarify the ownership and monetization of spectrum under the Insolvency and Bankruptcy Code (IBC) [1][2]. Group 1: Legal Proceedings - The Supreme Court is reviewing petitions from State Bank of India (SBI) and the two insolvent telecom companies, challenging a 2021 order from the National Company Law Appellate Tribunal (NCLAT) regarding the transferability of spectrum during insolvency [2][7]. - The court's decision will address whether telecom spectrum is an asset that can be liquidated under the IBC or if it remains a government asset, as the government claims it is held in trust for the public [6][7]. Group 2: Arguments Presented - Advocates for Reliance Telecom's resolution professional argue that the telecom department has accepted the IBC's framework and cannot deny its role in the insolvency process [3][4]. - The argument emphasizes that without the spectrum and licenses, the companies would be left with no viable assets for resolution, potentially undermining the IBC's objectives [5][6]. Group 3: Stakeholder Positions - SBI contends that the telecom spectrum should be considered part of the insolvency process and can be sold to recover dues, positioning it as an intangible asset [6][7]. - The government maintains that the spectrum belongs to the state and cannot be sold or transferred under insolvency proceedings, asserting that the license only grants usage rights [6][7].
Mint Explainer: Why are India's top conglomerates racing to take over bankrupt Jaiprakash Associates?
MINT· 2025-10-24 08:16
Core Insights - The Competition Commission of India (CCI) has approved Vedanta's ₹17,000-crore bid for Jaiprakash Associates Ltd (JAL), setting up a competitive landscape with Adani Group's previously approved ₹12,600-crore bid [1][2] - JAL, despite its liabilities of ₹55,371 crore as of September 2025, is viewed as a highly attractive acquisition target due to its diversified portfolio [1][6] Group 1: Acquisition Context - Six major companies have had their bids approved for JAL, including Vedanta, Adani Group, Jindal Steel & Power Ltd, PNC Infratech, Suraksha Group, and Dalmia Bharat [2] - JAL has received a total of 26 bids, with the final contenders being Vedanta and Adani Group [7] Group 2: JAL's Financial Background - JAL was founded in 1982 and became a significant player in India's infrastructure sector, known for projects like the Yamuna Expressway [4] - The company faced financial difficulties due to over-leveraging and operational challenges, leading to its bankruptcy proceedings initiated by ICICI Bank in 2018 [5][6] Group 3: Strategic Importance of JAL - For conglomerates like Vedanta and Adani, acquiring JAL offers strategic opportunities across various sectors, including cement, infrastructure, and real estate [9][10] - JAL's assets include cement plants, captive power units, limestone mines, and prime real estate, which are critical for expansion in north and central India [10][11] Group 4: Implications for the Insolvency and Bankruptcy Code (IBC) - The competitive bidding for JAL indicates the evolution of the IBC from a creditor recovery tool to a platform for strategic acquisitions [12] - Bidders can leverage discounted valuations and regulatory protections under the IBC framework, reshaping the landscape of corporate control [13][14] Group 5: Next Steps in the Acquisition Process - Following CCI approval, the committee of creditors (CoC) is reviewing bidders' financing plans and will evaluate non-conditional resolution plans over the next few weeks [15] - The final resolution plan is expected to be voted on by the CoC in November, requiring at least 66% approval before submission to the National Company Law Tribunal (NCLT) [16] Group 6: Status of Other Jaypee Group Entities - Other entities within the Jaypee Group are also undergoing insolvency proceedings, with some already acquired, such as Jaypee Infratech Ltd by Suraksha Group [18]