The Cabinet headed by Prime Minister Narendra Modi has approved promulgation of an ordinance to amend the 16-month-old Insolvency and Bankruptcy Code (IBC). The ordinance proposes to classify home buyers as financial creditors at par with lenders to help them quickly get refunds from defaulting companies. The amendment comes months after a new Section 29A was added into the bankruptcy code in November, introducing four layers of ineligibility for potential bidders.
The Minister for Law and Justice Ravi Shankar Prasad said ‘it's a new legislation, the Cabinet has approved it’. However, he refused to divulge further details citing constitutional provisions. On if the Cabinet has cleared some relief measures for home buyers as per the recommendations of the panel, he said, ‘An Ordinance, till it is approved by the President, I cannot speak about the details’.
The present amendment is based on recommendations of a 14-member Insolvency Law Committee that had earlier suggested a slew of measures, including addressing woes of home buyers and making recoveries easier for lenders. The panel had suggested to the Ministry of Corporate Affairs that home buyers should be treated as financial creditors, which will allow them to equitably participate in an insolvency resolution process. It had also suggested relaxations for micro, small and medium enterprises (MSMEs) under the IBC by allowing promoters to bid.
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