Chandra's settlement comes as IBC turns 10, with bank haircuts at five-year high, Pg11
Zee founder Subhash Chandra's 99.97% haircut settlement under IBC highlights rising bank losses, sparking debate on the code's effectiveness and recovery rates.
The National Company Law Tribunal (NCLT) approved a repayment plan for Zee Group founder Subhash Chandra.
Chandra will pay Rs 6.5 crore against admitted claims of Rs 22006.57 crore, resulting in a 99.97% haircut.
This represents one of the highest haircuts in the history of the Insolvency and Bankruptcy Code (IBC) regime.
The IBC is marking its 10th anniversary, coinciding with bank haircuts reaching a five-year high.
Banks are considering an appeal to the National Company Law Appellate Tribunal (NCLAT) regarding this order.
Detailed Insights:
A "haircut" in the banking system refers to the percentage reduction in an asset's value to protect lenders from potential losses.
The Insolvency and Bankruptcy Code (IBC) was enacted in 2016 to provide a comprehensive system for resolving financial stress in companies.
Between financial years 2021-22 and 2025-26, 1077 cases were resolved under the IBC, with an average recovery of approximately 29%.
The recovery against admitted claims in FY26 was 20%, which is the lowest recorded in the last five years.
The government's stance is that the primary objective of the IBC is "resolution, not recovery," especially for long-stressed companies.
Low realization can occur when a company's assets have significantly depleted due to non-performance over time.
Claims often include Non-Performing Assets (NPA) and their accrued interest, which may not reflect the current market value of assets.
Beyond financial recovery, the IBC is credited with fostering credit discipline and contributing to the reduction of banks' Gross Non-Performing Assets (GNPA).
Banks have raised concerns about the valuation of stressed companies, suggesting that all assets should be properly valued.
The IBC process mandates the appointment of at least two valuers to determine fair and liquidation values of assets.
A key suggestion to mitigate excessive haircuts is to prioritize enterprise value over liquidation value during asset valuation.
Key Concepts Involved:
Insolvency and Bankruptcy Code (IBC): A comprehensive law in India for resolving insolvency of corporate persons, partnership firms, and individuals.
National Company Law Tribunal (NCLT): A quasi-judicial body in India that adjudicates matters related to companies, including insolvency proceedings.
National Company Law Appellate Tribunal (NCLAT): An appellate authority that hears appeals against the orders passed by the NCLT.
Haircut: The difference between the actual debt owed by a company and the amount recovered by creditors during insolvency proceedings.
Non-Performing Assets (NPA): Loans or advances where the principal or interest payment is overdue for a period of 90 days or more.