MSME Ministry promotes Energy Efficiency and Green Practices in MSME Sector (See 'Corp Brief') Transforming Mined Landscapes: NLC India's Journey in Sustainable Mine Restoration (See 'Corp Brief') IEPFA-NCAER jointly organise Investor Education and Protection Workshop (See 'Corp Brief') IPR - Proprietorship of trademark, as general rule, vests in manufacturer who affixes mark on product, not in importer or distributor of those goods: HC (See 'Legal Desk') Chouhan holds post-Budget discussion with coconut farmers in Chennai (See 'Corp Brief') IBC - Creditor cannot be forced to elect its remedy or apportion its claim between principal debtor and guarantor: SC (See 'Legal Desk') IBC - Judicial review by NCLT & NCLAT does not extend commercial wisdom of Committee of Creditors in evaluating and approving resolution plan: SC (See 'Legal Desk') A&C - Pre-award and post-award interest operate in distinct fields and contractual bar applicable to former cannot, by implication, be extended to latter: SC (See 'Legal Desk') MoS interacts with beneficiaries of desalination plant in Kavaratti (See 'Corp Brief') A&C - Court will not grant specific performance of contractual obligation that is contingent upon discretionary approval of third-party government authority: HC (See 'Legal Desk') A&C - Contractual clause that expressly and widely bars payment of interest on ‘any moneys due to contractor' prohibits arbitral tribunal from awarding pre-reference and pendente lite interest on all claims: HC (See 'Legal Desk') CCI approves acquisition of certain shareholding in Balaji Wafers by General Atlantic Singapore (See 'Corp Brief') CCI approves combination of Bagmane Prime Office REIT of Bagmane Developers and others (See 'Corp Brief') CCI okays acquisition of additional equity in Generali Central Insurance by Central Bank (See 'Corp Brief') India and Finland renew MoU on Environmental Cooperation (See 'Corp Brief') IPR - Proof of right refers to documents showing that applicant legally owns 'right to apply for patent', which can be established through assignment or employment agreement with inventor: HC (See 'Legal Desk') Crude and Petroleum procurement: 24×7 Control Room Monitoring Supply Position (See 'Corp Brief') On World Wildlife Day 2026, PM reaffirms Commitment to Wildlife Conservation (See 'Corp Brief') IBC - valuers must ensure a reasoned valuation report to guide stakeholders in economic decision-making during insolvency, including consideration of intangible assets where relevant: IBBI (See 'Legal Desk') GPS transforming fishing community lives in Car Nicobar (See 'Corp Brief') Competition Act - disputes concerning alteration of copyrighted content & associated rights, need not be entertained where no prima facie case of anti-competitive agreement or abuse of dominant position, is made out: CCI (See 'Legal Desk') Ministry of Steel holds Interactive Session with Global Diplomats Ahead of 'Bharat Steel 2026' (See 'Corp Brief') Khadse announces unique nationwide ASMITA League to mark International Women's Day (See 'Corp Brief') IPR – Anti-dissection rule, which requires trademarks to be compared as whole, does not apply where part of mark is proven to be dominant feature: HC (See 'Legal Desk') India Summit 2026: Major AI Investment Commitments made (See 'Corp Brief') Supreme Court Clears Path For Single Insolvency Proceedings Against Linked Group Companies (See CORP EINSICHT)

NCLT admits Aircel's bankruptcy plea, rejects GTL Infrastructure's intervention

Published: Mar 09, 2018

By TIOLCORPLAWS News Service

MUMBAI, MAR 9, 2018: The National Company Law Tribunal (NCLT) on Thursday admitted the bankruptcy petition filed by Aircel Ltd and rejected the intervention sought by GTL Infrastructure Ltd, an operational creditor of the Chennai-based telecom company.

GTL had earlier filed a case against Aircel in the Delhi High Court over non-payment of dues. It intervened in the bankruptcy case, arguing that the High Court in a 29 January interim order had said that separate applications had to be filed before it for issues such as sale of assets.

However, NCLT said that an operational creditor cannot intervene at this juncture (before the admission of insolvency petition) and admitted Aircel's insolvency plea.

Aircel and its subsidiaries Aircel Cellular Ltd and Dishnet Wireless Ltd together owe around Rs 50,000 cr to creditors. The combined liability of the firms towards financial creditors stands at Rs 15,545 cr and towards operational creditors at around Rs 35,000 cr.

Aircel's lawyer argued that the operator was not prohibited by the high court from filing for bankruptcy, and said the admission of the firm for insolvency proceedings required a sense of “urgency” as several stakeholders were being affected. He said the appointment of an interim resolution professional would increase the probability of maximizing the asset value instead of continuing in a distressed state.

Aircel's assets including spectrum licences and fibre, are valued at around Rs 32,362 cr.

Aircel Group had on 1 December 2017 informed the Telecom Regulatory Authority of India (TRAI) that it intended to surrender its licence in Gujarat, Maharashtra, Haryana, Himachal Pradesh, Madhya Pradesh and Uttar Pradesh (West), following which the company shut services in these circles from 31 January.

TIOL CORP SEARCH

TIOL GROUP WEBSITES