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Business News›Industry›Services›Property / C'struction›NCLT admits insolvency
resolution plea against Renaissance Indus Infra

THE ECONOMIC TIMES DAILY NEWSPAPER IS AVAILABLE ONLINE NOW.

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NCLT ADMITS INSOLVENCY RESOLUTION PLEA AGAINST RENAISSANCE INDUS INFRA

SECTIONS
NCLT admits insolvency resolution plea against Renaissance Indus Infra
By
Kailash Babar

&
Maulik Vyas

, ET BureauLast Updated: Apr 08, 2023, 01:06 PM IST
Synopsis

THE LENDER HAD MOVED THE BANKRUPTCY COURT AFTER THE COMPANY DEFAULTED ON ITS
DUES WORTH NEARLY RS 444 CRORE. THE TRIBUNAL’S MUMBAI BENCH HAS APPOINTED
BIRENDRA KUMAR AGARWAL AS THE INSOLVENCY RESOLUTION PROFESSIONAL (IRP) TO CARRY
OUT THE FUNCTION UNDER THE INSOLVENCY & BANKRUPTCY CODE, 2016.

iStock
The National Company Law Tribunal has admitted real estate and construction
company Renaissance Indus Infra under the corporate insolvency resolution
process (CIRP) following a plea by its financial creditor Catalyst Trusteeship.

The lender had moved the bankruptcy court after the company defaulted on its
dues worth nearly Rs 444 crore. The tribunal’s Mumbai bench has appointed
Birendra Kumar Agarwal as the insolvency resolution professional (IRP) to carry
out the function under the Insolvency & Bankruptcy Code, 2016.

Renaissance Group through its special purpose vehicle (SPV) project RUIPL and
Renaissance India had initially availed funding from Edelweiss Financial
Services. As per the debt term sheet signed in 2018, the company was proposing
to refinance the amount outstanding with Edelweiss and also avail additional
funding for the project development expenses.

As per the debt term sheet executed between Altico Capital India and the
company, Altico had agreed to subscribe to the non-convertible debentures (NCDs)
amounting to Rs 390 crore and an amount of Rs 280 crore was disbursed.

Accordingly, a debenture trust deed was executed in June 2018 between the
company as the issuer and Vista ITCL India as debenture trustee. In March 2021,
Altico, as debenture holder, transferred all its rights under the debentures
along with the underlying security interest and rights created by Renaissance
Group and the other obligations in connection with these debentures in favour of
the financial creditor.

Nishit Dhruva, managing partner of law firm MDP & Partners, while appearing for
the lender argued that the company had started committing defaults in repayment
of its dues since March 2021 and every quarter-end thereafter. Thus, a default
of Rs 443.81 crore was committed by the company as on June 2022.

As part of its letter in March and June 2020, Renaissance Indus Infra has
acknowledged its liability but expressed its financial difficulties to pay the
outstanding amount, the tribunal’s bench with judicial member Kuldip Kumar
Kareer and technical member Anuradha Sanjay Bhatia said in its order.

According to Renaissance Group, the petition was liable to be dismissed as such
a plea can only be filed by the debenture trustee or the financial creditor
along with the trustee. The financial creditor alone is not entitled to file
such a plea.

However, the tribunal has dismissed the argument while stating that the
financial creditor is an original assignee as per the assignment agreement in
March 2021 and is clearly competent to file this petition.

The company had also argued that the financial creditor has no locus to file the
petition as per the terms of Inter Creditor Agreement signed in June 2018 that
has been deliberately withheld by the financial creditor while filing the plea.

According to the tribunal, even this contention raised by the company is of no
consequence. In this regard, the tribunal has pointed out that the June 2018
Inter Creditor Agreement stated that finance parties are intended to
collectively mean debenture trust deed, debenture holders and any agent of the
debenture trustee and therefore can launch legal proceedings.

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