PMLA -Bail application can be dismissed as petitioner failed to satisfy conditions for grant of bail : HC (See 'Legal Desk') ACC delivers lifetime highest annualised PAT (See 'Corp Brief') SEBI Act - Appellants have failed to substantiate their claim of financial distress nor have they brought any new fact or circumstances requiring grant of interim relief : SAT (See 'Legal Desk') Trade Mark Act - Marks are visually phonetically and deceptively similar to Plaintiffs' trademarks : HC (See 'Legal Desk') SJVN inaugurates First Multi-purpose Green Hydrogen Pilot Project (See 'Corp Brief') IBC - Even if CIRP commences, Directors, who are incharge of affairs of Company cannot be absolved of any wilful default committed by borrower Company : HC (See 'Legal Desk') REC to extend loan of Rs 1869 Cr for Kiru Hydro Electric Project (See 'Corp Brief') IBC - Corporate Insolvency Resolution Process can be initiated for failure to repay debt due and payable : NCLT (See 'Legal Desk') CCO declares grading of coal and lignite mines (See 'Corp Brief') SARFAESI Act - Writ petition can be disposed of as infructuous as one time settlement has been entered into between parties : HC (See 'Legal Desk') PM addresses Conference on Disaster Resilient Infrastructure (See 'Corp Brief') SARFAESI Act - Award of interest on auction money at rate applicable to fixed deposits is not a correct view and rate of interest deserves to be enhanced: SC (See 'Legal Desk') CCI okays subscription to debentures of Napino Auto by IFC (See 'Corp Brief') Constitution of India - Writ jurisdiction of Court cannot be used by party for collecting evidence and documents against another party, against whom petitioner has pending disputes : HC (See 'Legal Desk') World Energy Congress 2024: Power Secy, Ambassador to Netherlands inaugurate India Pavilion (See 'Corp Brief') PMLA - Considering money trail and involvement of applicant in crime he is not entitled for anticipatory bail : HC (See 'Legal Desk') Competition Act - Informant has neither referred to any particular agreement nor provided any document which suggest existence of anti-competitive agreement : CCI (See 'Legal Desk') CSIR implements new in-house 'Accounts Manager Software' for financial management (See 'Corp Brief') PMLA - Applicant is not entitled for grant of anticipatory bail u/s 45 of PMLA as Court does not find any reasonable ground to believe that applicant is not guilty of crime : HC (See 'Legal Desk') SARFAESI Act - Petition has been filed to overreach recovery proceedings, wherein Petitioners have been found to be liable to pay certain amount so as to circumvent provisions of statutory appeal : HC (See 'Legal Desk') IREDA reports All-Time High Annual Net Profit, NPAs below 1% (See 'Corp Brief') SARFAESI Act - District Magistrate is under statutory obligation to decide application u/s 14 of the SARFAESI Act within thirty days : HC (See 'Legal Desk') IBC - Wilful defaulter proceeding cannot be relatable to recovery of debt but is merely an off-shoot of debt : HC (See 'Legal Desk') Competition Act - Since it is agreement between enterprise and end consumer, same is not covered within ambit of Section 3(4) of Act: CCI (See 'Legal Desk') Govt announces election of 11 members Veterinary Council of India (See 'Corp Brief') Companies Act - Charges of professional misconduct in SCN are proved for which monetary penalty can be imposed : NFRA (See 'Legal Desk') PMLA - Application for anticipatory bail can be rejected as there is failure on part of applicant to appear before trial Court despite service of bailable warrant : HC (See 'Legal Desk') IBC - There is no scope of interference in writ petition since there is no arbitrariness, mala fides or palpably illegality in impugned order : HC (See 'Legal Desk')

Loan of HCC and Adhunik to be restructured under S4A scheme

Published: Sep 26, 2016

By TIOLCORP News Service

MUMBAI, SEPT 26, 2016: RBI's sustainable structuring of stressed assets (S4A) scheme finally seems to be taking off. Lenders to Hindustan Construction Company (HCC) have decided to recast the company's debt obligations of Rs 4,904 crore via the S4A scheme. Bankers also plan to restructure loans to Adhunik Alloys & Power (AAPL) and Adhunik Power and Natural Resources (APNRL) so as to make it easier for them to repay their combined loans of Rs 3,616 crore. Lenders are also hoping to be able to initiate an S4A scheme for Asian Colour Coated Ispat (ACCIL) which owes them Rs 3,019 crore. This is the first lot of companies for which the S4A scheme is likely to be implemented after the Reserve Bank of India (RBI) had notified the scheme in June.

HCC reported a net loss of Rs 318 crore on revenues of Rs 8,768 crore in FY16. In July, the company had informed stock exchanges that the joint lender's forum (JLF) meeting held on July 12, 2016 had decided to resolve the account under S4A. Subsequently, however, bankers clarified that while they had agreed to look into the proposal, no conclusive decision had been taken at the meeting. HCC's stand-alone gross debt stood at Rs 4,904 crore in FY16, Bloomberg data showed.

Adhunik Power reported a net loss of Rs 151.08 crore in FY14 and its gross debt stood at Rs 3,116 crore, of which Rs 2,474 crore were project loans while working capital limits comprised Rs 694 crore. While bankers had earlier initiated a strategic debt restructuring (SDR) scheme for Adhunik Power, the idea was abandoned since only one firm, OPG Group of Industries, had shown interest in acquiring the company. Adhunik Power entered into a memorandum of understanding MoU with the Jharkhand government to set up a 1,080-MW coal-based thermal power plant. However, the Central Bureau of Investigation (CBI) had found irregularities in the coal blocks allotted to the company and others.

The S4A scheme is a more lenient to lenders since bankers may need to take an effective haircut of 50 per cent if only half the debt is found to be sustainable. The scheme, however, does not permit changes in the terms of either the moratorium or the payments of principal or the interest. Banks are permitted to convert the ‘unsustainable' part of the debt into equity or redeemable cumulative optionally convertible preference shares.

TIOL CORP SEARCH

TIOL GROUP WEBSITES