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NCLT决定在SBI对Anil Ambani提起的案件中任命IRP

印度国家银行(SBI)已经在孟买的国家公司法法庭(NCLT)根据破产法的个人担保条款，从Anil Ambani那里收回了超过120亿卢比。

专门的破产法庭已决定委任一名临时决议专家(IRP)在贷款人提起的案件中印度国家银行(印度国家银行)安尼尔•安巴尼．

印度国家银行(SBI)已经将全国公司法法庭根据破产法的个人担保条款，孟买的NCLT从Anil Ambani那里收回了超过120亿卢比。该银行表示，安巴尼个人担保了该银行的贷款信实电信目前，这家国有银行正试图挽救破产程序。

安巴尼和印度国家银行的代表没有回复记者的电子邮件询问。

“现在，IBBI将在10天内提名由NCLT任命为专业人员的解决专业人员。预约后，他将在未来10天内审查申请，并提交报告，说明批准或拒绝申请的原因，”Ashish Pyasi副合伙人Dhir & Dhir Associates说。“这与企业破产程序不同，专业人士可能会建议驳回，这将由NCLT决定。”

NCLT的孟买法庭正在听取SBI提出的请求，贷款人正在根据印度宪法第97(3)条寻求法庭的干预IBC指示破产委员会提名一名解决专家(RP)评估并提交一份关于安巴尼拥有资产的报告。

根据《商业商业守则》，在涉及个人担保的个案中，出借人须向审裁处申请委任一名资产评估顾问，以评估有关个人的资产。之后，NCLT必须写信给印度破产与破产委员会(IBBI)，推荐名称小组，然后NCLT必须从中选择一个名称。

当债务人或债权人向法庭提起诉讼时，NCLT随后指示委员会在提出申请后七天内任命一名解决专业人员进行破产解决程序。

早些时候，6月30日，司法委员穆罕默德·阿杰马尔(Mohammed Ajmal)和技术委员拉维库马尔·杜莱萨米(Ravikumar Duraisamy)在听取了双方的意见后，保留了其裁决。

高级律师Venkatesh Dhond以及代表SBI的DSK法律公司的Nirav Shah和Ryan Dsouza，而高级律师Harish Salve则代表Anil Ambani。

RCom去年申请破产，之后其有担保债务估计约为3300亿卢比，而贷款人在2019年8月提交了约4900亿卢比的债权。

最近，在3月份，印度国家储备银行董事会批准了信实通信的一项决议计划，该计划设想贷款机构收回约2300亿卢比的资金，这意味着近50%的减值。RCom欠印度国家银行近500亿卢比。

信实通信(RCom)和信实Infratel (RITL)的贷款人已经在2020年3月以100%的投票通过了决议计划，并已提交孟买NCLT的批准。

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IBC
The dedicated bankruptcy court has decided to appoint an interim resolution professional (IRP<\/a>) in a case filed by lender State Bank of India<\/a> (SBI) against Anil Ambani<\/a>.

State Bank of India (SBI) had moved the National Company Law Tribunal<\/a> (NCLT) in Mumbai to recover over Rs 1,200 crore from Anil Ambani under the personal guarantee clause of the bankruptcy law. The lender said Ambani had personally guaranteed loans taken by Reliance Communications<\/a>, currently undergoing insolvency proceedings, which the state-owned lender is trying to recover.

A representative for Anil Ambani and SBI did not respond to an email query.

<\/div><\/div>\u201cNow within 10 days, IBBI will nominate the resolution professional who will be appointed by the NCLT as professional. On appointment, within the next 10 days, he will examine the application and submit his report stating the reasons for approval or rejection of the application,\u201d said Ashish Pyasi Associate Partner Dhir & Dhir Associates. \u201cThis is different from corporate insolvency process and professional may recommend rejection which will be decided by the NCLT.\u201d

The Mumbai bench of the NCLT was hearing a plea filed by SBI, where the lender is seeking tribunal\u2019s intervention under Section 97(3) of the IBC<\/a> to direct the insolvency board to nominate a resolution professional (RP) to assess and submit a report on the assets owned by Ambani.

Under the IBC, in the cases related to a personal guarantee, the lenders have to approach the tribunal to appoint an IRP for the assessment of the assets of the individual. Later, NCLT has to write to the Insolvency & Bankruptcy Board of India (IBBI) to recommend the panels of names and the NCLT then has to choose one name from them.

When the debtor or the creditor files a case in the tribunal, the NCLT then directs the board, within seven days of the filing of such application, to nominate a resolution professional for the insolvency resolution process.

<\/div><\/div>Earlier, on June 30, a division bench of a judicial member Mohammed Ajmal and a technical member Ravikumar Duraisamy had reserved its order after hearing both the sides.

Senior counsel Venkatesh Dhond along with Nirav Shah and Ryan Dsouza of DSK Legal representing SBI, while Anil Ambani is represented by senior advocate Harish Salve.

RCom filed for bankruptcy last year after which its secured debt was estimated at around Rs 33,000 crore while lenders submitted claims of around Rs 49,000 crore in August 2019.

Recently, in March the SBI board had approved a resolution plan for Reliance Communications in March that envisaged lenders recovering around Rs 23,000 crore of their money, entailing a haircut of nearly 50%. RCom owes nearly Rs 5,000 crore to SBI.

The lenders of Reliance Communications (RCom) and Reliance Infratel (RITL) have already approved the resolution plans with 100% voting in March 2020 and have been put for the approval for Mumbai NCLT.
<\/div><\/div>
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Corporate and private disputes in various courts and tribunals including Bombay High Court, National Company Law Tribunal (NCLT), Securities Appellate Tribunal (SAT), Competition Commission of India (CCI) and National Green Tribunal (NGT) and strategies to fight such dispute fascinates me. I am also interested to write on boardroom battles, corporate governance and business strategy. Twitter: @MaulikVyas_ET","details":{"detail":[{"@attributes":{"type":"occupation"}},{"@attributes":{"type":"beat"}}]}},"aulinksxml":{"links":{"link":{"twitter":[],"facebook":[],"googlePlusUrl":[],"contributorUrl":[]}}},"autype":"GENERAL"},{"artau":"Saloni Shukla","aunameseo":"saloni-shukla","artauid":"479242889","artauemail":"saloni.shukla@timesgroup.com","auselfimageid":"479242889","auimageid":"00479242889","auimagelen":"22431","auFullName":"Saloni Shukla","pubname":"The Economic Times","designame":"Deputy Banking Editor","audetailsxml":{"authordetails":"Saloni Shukla has nearly 15 years of experience covering a range of issues in the financial services sector, real estate and investigative journalism. Her expertise lies in reporting on the boardroom drama inside our banks, corporate finance, fund raising, distressed assets and the policy actions by the Reserve Bank of India.","details":{"detail":[{"@attributes":{"type":"occupation"}},{"@attributes":{"type":"beat"}}]}},"aulinksxml":{"links":{"link":{"twitter":[],"facebook":[],"googlePlusUrl":[],"contributorUrl":[]}}},"auagencyid":"88675387","auagencyname":"ET Bureau","autype":"GENERAL"}]},"similarlytagged":[{"msid":"94822982","stname":"RBI's new norms for ARCs may further delay Aircel & RCom debt resolutions","artsyn":"Asset Reconstruction Company of India (Arcil), Edelweiss ARC and government-promoted National Asset Reconstruction Company, which have NOFs exceeding \u20b91,000 crore, are eligible to submit bids in bankruptcy settings. The central bank has further said that ARCs should not retain any control over the insolvent company after five years, thus indicating that it would have to find a buyer and exit the company in the medium term.","seolocation":"telecomnews\/rbis-new-norms-for-arcs-may-further-delay-aircel-rcom-debt-resolutions","seolocationalt":"RBI's new norms for ARCs may further delay Aircel & RCom debt resolutions","url_seo":"rbis-new-norms-for-arcs-may-further-delay-aircel-rcom-debt-resolutions"},{"msid":"93626971","stname":"Lenders to Anil Ambani's RITL, RIL reach takeover deal","artsyn":"Banks led by the State Bank of India (SBI) have agreed to issue a no objection certificate (NOC) to RIL following which the Mukesh Ambani-promoted company will transfer the agreed amount to an escrow account. The NOC essentially is a no dues certificate for RITL, a procedure followed before the implementation of the resolution plan.","seolocation":"telecomnews\/lenders-to-anil-ambanis-ritl-ril-reach-takeover-deal","seolocationalt":"Lenders to Anil Ambani's RITL, RIL reach takeover deal","url_seo":"lenders-to-anil-ambanis-ritl-ril-reach-takeover-deal"},{"msid":"92562430","stname":"How Mukesh Ambani will split his empire to avoid his father\u2019s folly","artsyn":"Ambani\u2019s first-born, Akash, 30, will succeed him as chairman at India\u2019s No.1 wireless carrier Reliance Jio Infocomm Ltd. The patriarch, who resigned from the Infocomm board, will continue to helm Jio Platforms Ltd., which owns all digital assets including the telco. This is probably a stopgap arrangement until Jio Platforms, whose investors include Meta Platforms Inc. and Alphabet Inc., concludes its much-awaited initial public offering.","seolocation":"telecomnews\/how-mukesh-ambani-will-split-his-empire-to-avoid-his-fathers-folly","seolocationalt":"How Mukesh Ambani will split his empire to avoid his father\u2019s folly","url_seo":"how-mukesh-ambani-will-split-his-empire-to-avoid-his-fathers-folly"},{"msid":"90409326","stname":"Reliance Communications resolution professional seeks buyers for non-core assets","artsyn":"The winning bidder for RCom, UV Asset Reconstruction Company, and lenders have given in-principle consent to the RP to explore the sale of its unencumbered assets, said the people. The RP, Anish Nanavaty backed by Deloitte, will obtain a fresh valuation and hold an auction of the assets, similar to the process followed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, they said.","seolocation":"telecomnews\/reliance-communications-resolution-professional-seeks-buyers-for-non-core-assets","seolocationalt":"Reliance Communications resolution professional seeks buyers for non-core assets","url_seo":"reliance-communications-resolution-professional-seeks-buyers-for-non-core-assets"},{"msid":"84058254","stname":"Gulshan Khurana likely to replace Vodafone Idea's Mudit Agarwal","artsyn":"In January 2019, Khurana joined the US-based technology company Oracle as strategic sales consulting lead for Asia Pacific and Japan region, and also previously worked with networking major Cisco as a CTO for India and SAARC region.","seolocation":"telecomnews\/gulshan-khurana-likely-to-replace-vodafone-ideas-mudit-agarwal","seolocationalt":"Gulshan Khurana likely to replace Vodafone Idea's Mudit Agarwal","url_seo":"gulshan-khurana-likely-to-replace-vodafone-ideas-mudit-agarwal"},{"msid":"83593833","stname":"Reliance Communications requests DoT to renew telecom licence for 20 years","artsyn":"The now defunct telecom company, previously owned by Anil Ambani, is currently being run by a resolution professional (RP) Deloitte as part of a bankruptcy process under the Insolvency and Bankruptcy Code (IBC).","seolocation":"telecomnews\/reliance-communications-requests-dot-to-renew-telecom-licence-for-20-years","seolocationalt":"Reliance Communications requests DoT to renew telecom licence for 20 years","url_seo":"reliance-communications-requests-dot-to-renew-telecom-licence-for-20-years"},{"msid":"81962067","stname":"Sebi imposes Rs 25 crore penalty on Ambani brothers, others","artsyn":"The regulator alleged that the 6.83 per cent stake, which was acquired by RIL\u2019s promoters together with persons acting in concert (PACs) in 2000, was in excess of the ceiling of 5 per cent prescribed in the takeover code.","seolocation":"telecomnews\/sebi-imposes-rs-25-crore-penalty-on-ambani-brothers-others","seolocationalt":"Sebi imposes Rs 25 crore penalty on Ambani brothers, others","url_seo":"sebi-imposes-rs-25-crore-penalty-on-ambani-brothers-others"},{"msid":"79525499","stname":"Government to challenge Anil Ambani\u2019s stance on personal guarantee law","artsyn":"The government and the Insolvency & Bankruptcy Board of India (IBBI) are set to challenge the position taken by Anil Ambani and former Bhushan Power and Steel chairman Sanjay Singhal, questioning the invocation of their personal guarantee. Singhal, who has now been ousted from his company, and Ambani had questioned the validity of the provisions.","seolocation":"telecomnews\/government-to-challenge-anil-ambanis-stance-on-personal-guarantee-law","seolocationalt":"Government to challenge Anil Ambani\u2019s stance on personal guarantee law","url_seo":"government-to-challenge-anil-ambanis-stance-on-personal-guarantee-law"},{"msid":"79523456","stname":"Ambanis are now twice as rich as the second wealthiest family in Asia","artsyn":"The pandemic had gutted the global economy and Mumbai-where the family lives in a 27-story skyscraper named Antilia-was in the midst of a surge in infections. But in the preceding weeks Ambani, 63, had struck deals with some of the world's leading tech giants to sell stakes in Reliance's digital venture. The next blizzard of fundraising announcements in his retail arm was just days away.","seolocation":"telecomnews\/ambanis-are-now-twice-as-rich-as-the-second-wealthiest-family-in-asia","seolocationalt":"Ambanis are now twice as rich as the second wealthiest family in Asia","url_seo":"ambanis-are-now-twice-as-rich-as-the-second-wealthiest-family-in-asia"},{"msid":"78903584","stname":"MCA challenges Anil Ambani\u2019s stance on personal insolvency law","artsyn":"The Ministry of Corporate Affairs has told the Delhi high court that the personal insolvency law is not unconstitutional and the government had always intended to bring personal guarantors within the ambit of the Insolvency and Bankruptcy Code, people aware of the matter said.","seolocation":"telecomnews\/mca-challenges-anil-ambanis-stance-on-personal-insolvency-law","seolocationalt":"MCA challenges Anil Ambani\u2019s stance on personal insolvency law","url_seo":"mca-challenges-anil-ambanis-stance-on-personal-insolvency-law"},{"msid":"78885258","stname":"Yes Bank starts physical takeover of Anil Ambani\u2019s Reliance Group HQ in Mumbai","artsyn":"In July, the private lender had taken symbolic possession of the sprawling complex situated off the Western Express Highway and overlooking the Mumbai airport. The action was taken under the SARFAESI Act to recover dues of Rs 2,892 crore from Reliance Infrastructure.","seolocation":"telecomnews\/yes-bank-starts-physical-takeover-of-anil-ambanis-reliance-group-hq-in-mumbai","seolocationalt":"Yes Bank starts physical takeover of Anil Ambani\u2019s Reliance Group HQ in Mumbai","url_seo":"yes-bank-starts-physical-takeover-of-anil-ambanis-reliance-group-hq-in-mumbai"},{"msid":"78623005","stname":"Delhi HC issues notices to SBI, others in Anil Ambani personal guarantee case","artsyn":"The Delhi High Court issued a notice to the State Bank of India (SBI) and others to seek their response on whether Chinese lenders should be impleaded in a case filed by Anil Ambani, where he is challenging the bankruptcy court\u2019s ruling to appoint an interim resolution professional (IRP) in the personal guarantee case.","seolocation":"telecomnews\/delhi-hc-issues-notices-to-sbi-others-in-anil-ambani-personal-guarantee-case","seolocationalt":"Delhi HC issues notices to SBI, others in Anil Ambani personal guarantee case","url_seo":"delhi-hc-issues-notices-to-sbi-others-in-anil-ambani-personal-guarantee-case"},{"msid":"78619836","stname":"Court sends notice to Chinese banks on Anil Ambani\u2019s plea","artsyn":"In the London case, the Chinese lenders argued that they provided funding to Ambani\u2019s Reliance Communications Ltd. in 2012 with the condition that he personally guarantee the debt. They have yet to receive any funds despite winning that ruling.","seolocation":"telecomnews\/court-sends-notice-to-chinese-banks-on-anil-ambanis-plea","seolocationalt":"Court sends notice to Chinese banks on Anil Ambani\u2019s plea","url_seo":"court-sends-notice-to-chinese-banks-on-anil-ambanis-plea"},{"msid":"78377059","stname":"Will take all legal routes to recover $717 million, say Chinese Banks to Anil Ambani","artsyn":"Three Chinese banks said they will pursue all legal routes to recover $717 million (\u20b95,306 crore) from Anil Ambani, which the Reliance Group chairman was ordered to cough up by a UK court in May.","seolocation":"telecomnews\/will-take-all-legal-routes-to-recover-717m-chinese-banks","seolocationalt":"Will take all legal routes to recover $717 million, say Chinese Banks to Anil Ambani","url_seo":"will-take-all-legal-routes-to-recover-717m-chinese-banks"},{"msid":"78357255","stname":"Chinese banks to start enforcement action against Anil Ambani\u2019s worldwide assets","artsyn":"The three Chinese banks to whom Anil Ambani owes more than $716 million (Rs 5,276 crore), as well as significant legal costs, have decided to pursue their rights against him on his worldwide assets, following the beleaguered Reliance Group chairman\u2019s English high court cross-examination on Friday.","seolocation":"telecomnews\/chinese-banks-to-start-enforcement-action-against-anil-ambanis-worldwide-assets","seolocationalt":"Chinese banks to start enforcement action against Anil Ambani\u2019s worldwide assets","url_seo":"chinese-banks-to-start-enforcement-action-against-anil-ambanis-worldwide-assets"},{"msid":"78329372","stname":"Anil Ambani discloses worldwide assets to UK court in Chinese banks case","artsyn":"Indebted business tycoon Anil Ambani told a UK court on Friday that he lives a simple life, drives just one car and has sold his jewellery to pay his legal fees.","seolocation":"telecomnews\/anil-ambani-discloses-worldwide-assets-to-uk-court-in-chinese-banks-case","seolocationalt":"Anil Ambani discloses worldwide assets to UK court in Chinese banks case","url_seo":"anil-ambani-discloses-worldwide-assets-to-uk-court-in-chinese-banks-case"},{"msid":"78164418","stname":"SC dismisses SBI plea seeking vacation of stay on Anil Ambani bankruptcy case","artsyn":"The apex court further directed HC to consider the issue on October 6, adding that SBI is at liberty to seek modification of stay order.","seolocation":"telecomnews\/sc-dismisses-sbi-plea-seeking-vacation-of-stay-on-anil-ambani-bankruptcy-case","seolocationalt":"SC dismisses SBI plea seeking vacation of stay on Anil Ambani bankruptcy case","url_seo":"sc-dismisses-sbi-plea-seeking-vacation-of-stay-on-anil-ambani-bankruptcy-case"},{"msid":"77945783","stname":"An insolvency professional explains why enforcing Anil Ambani's personal guarantee is a tough task","artsyn":"The progress of the case between State Bank of India (SBI) vs Anil Ambani (Respondent) is expected to lay the groundwork for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors (IRPPG).","seolocation":"telecomnews\/an-insolvency-professional-explains-why-enforcing-anil-ambanis-personal-guarantee-is-a-tough-task","seolocationalt":"An insolvency professional explains why enforcing Anil Ambani's personal guarantee is a tough task","url_seo":"an-insolvency-professional-explains-why-enforcing-anil-ambanis-personal-guarantee-is-a-tough-task"},{"msid":"77942858","stname":"SBI moves SC to vacate stay on recovering dues from Anil Ambani","artsyn":"HC stayed NCLT order appointing IRP; lender had invoked personal guarantee clause.","seolocation":"telecomnews\/sbi-moves-sc-to-vacate-stay-on-recovering-dues-from-anil-ambani","seolocationalt":"SBI moves SC to vacate stay on recovering dues from Anil Ambani","url_seo":"sbi-moves-sc-to-vacate-stay-on-recovering-dues-from-anil-ambani"},{"msid":"77781474","stname":"Indian court halts insolvency proceedings against Reliance's Anil Ambani","artsyn":"An Indian court on Thursday halted insolvency proceedings against Reliance Group chairman Anil Ambani, the younger brother of India's richest man, and barred him from disposing of any of his assets.","seolocation":"telecomnews\/indian-court-halts-insolvency-proceedings-against-reliances-anil-ambani","seolocationalt":"Indian court halts insolvency proceedings against Reliance's Anil Ambani","url_seo":"indian-court-halts-insolvency-proceedings-against-reliances-anil-ambani"}],"primeid":0,"storytags":{"categoryTag":{"sectionid":"49830939","sectionname":"TelecomNews","seolocation":"telecomnews","seolocationalt":"telecomnews"},"otherTags":[{"keyid":"9171","value":"Anil Ambani","smid":"0","keynameseo":"Anil-Ambani","keytype":"","keycount":"totalcount","weightage":"100"},{"keyid":"6354731","value":"state bank of india","smid":"0","keynameseo":"state-bank-of-india","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"46907","value":"Reliance communications","smid":"0","keynameseo":"Reliance-communications","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"6354457","value":"National Company Law Tribunal","smid":"0","keynameseo":"National-Company-Law-Tribunal","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"3902013","value":"irp","smid":"0","keynameseo":"irp","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"6354887","value":"Industry","smid":"0","keynameseo":"Industry","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"192838","value":"IBC","smid":"0","keynameseo":"IBC","keytype":"","keycount":"totalcount","weightage":"20"}],"filterTags":[]},"formattedTags":{"companyTags":[],"otherTags":[{"name":"National Company Law Tribunal"},{"name":"Reliance communications"},{"name":"state bank of india"},{"name":"Anil Ambani"},{"name":"Industry"},{"name":"irp"},{"name":"IBC"}],"newsCategoryTags":[{"name":"TelecomNews","seolocation":"telecomnews"}],"breadcrumbTags":["Anil Ambani","state bank of india","Reliance communications","National Company Law Tribunal","irp","Industry","IBC"],"filterTags":[]},"breadcrumbTags":["Anil Ambani","state bank of india","Reliance communications","National Company Law Tribunal","irp","Industry","IBC"],"Alttitle":{"minfo":""},"Altdescription":{"minfo":""},"amp_url":"\/\/www.iser-br.com\/amp\/news\/nclt-decides-to-appoint-irp-in-a-case-filed-by-sbi-against-anil-ambani\/77666760"}" data-news-images="null" data-newsletter-by="0" data-newsletter-date="a" data-hasbottomcarousel="" data-alldetailsopen="0" data-multipleanalyticshit="" data-deeplink="https://ettelecom.app.link?$deeplink_path=" data-socialshareformat="default">
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