NCLT-REID-AND-TAYLOR
After SP Growth Partners (SPGP),
an investor in bankrupt apparel brand Reid & Taylor, showed
inability to cough up the earnest money deposit (EMD), a new
investor CFM Asset Reconstruction Company approached the
National Company Law Tribunal (NCLT) to invest in the company.
SPGP director Pankaj Agarwal Tuesday informed the
bench of the inability to pay the EMD before filing the
resolution plan, and offered to bring in another investor CFM
ARC, who would meet the required net worth to make a bid as a
consortium. However, the court dismissed the application.
CFM ARC CEO S V Shah appeared as a co-applicant of
Hong Kong-based investor SPGP, along with the Employees
Welfare Association of RTIL to revive RTIL.
Shah informed the court that CFM ARC has over Rs 100
crore net worth and an asset under management (AUM) worth over
Rs 1,200 crore.
The court asked CFM ARC to file a separate application
in this regard.
The Mumbai NCLT bench headed by Bhaskara Pantula Mohan
and V Nallasenapathy asked Shah to revert within 48 hours,
with how much money he can deposit as EMD.
The court said that CFM ARC is required to deposit at
least Rs 5 crore while submitting a resolution plan.
They elaborated that Shah can deposit Rs 2 crore or
more as EMD through a demand draft in the name of RTIL to show
his seriousness on Thursday and another Rs 3 crore while
submitting the resolution plan.
The bench also reprimanded Agarwal and said he painted
a "rosy picture of his net worth, wasted the courts time and
also misrepresented facts", which amounts to contempt
of court, for which he can be tried.
RTIL, owned by the Kasliwal family-run S Kumar Group
owes over Rs 4,100 crore to lenders.
The committee of creditors includes Finquest
Financial Solution, which is the largest with close to Rs 800
crore of claims, Union Bank of India, Punjab National Bank,
IL&FS Financial Services, IDBI Bank and L&T Finance etc, who
had voted for liquidation on December 14, 2018.
Edelweiss ARC had taken the company to NCLT in March
2018. Besides, Arcil and JM Financial ARC also have exposure
to RTIL.
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