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Resolution of indebtedness of a firm the top priority: IBBI chief

24 Aug 2017 Evaluate

Insolvency & Bankruptcy Board of India (IBBI) chairperson MS Sahoo has said that resolution of indebtedness of a firm will be the top priority of all constituents of the insolvency and bankruptcy mechanism in the interest of the stakeholders, and it will think about liquidation only if it finds that the resolution is hard to come by.

Sahoo said that “In such a process, the first endeavour is resolution. If it is not resoluble then they think about liquidation. The endeavour of the law, insolvency professionals and committee of creditors is to first find out a resolution plan.” The code seeks to consolidate and amend laws relating to reorganisation as well as insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner.

The IBBI chief said as per the Insolvency and Bankruptcy Code (IBC), resolution is left with the imagination of the market participants and they are free to take any call in regards to an entity, which is down with indebtedness. The government is just trying to create an enabling environment. Sahoo also pitched for a market driven institutional mechanism to facilitate and enable mergers and acquisitions with minimum regulations that can conveniently safeguard the legitimate interests of concerned stakeholders.

Under the insolvency and bankruptcy law, employees, creditors and shareholders have powers to initiate winding up process at the first sign of financial stress such as serious default in repayment of bank loan. Sahoo said that “Why can’t we have that kind of framework where approvals of the authorities are minimised, institutions work and everything is delivered by the market?”

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