MSMEs Face Disadvantage Under IBC, Ministry Seeks Reform
ECONOMY & POLICY

MSMEs Face Disadvantage Under IBC, Ministry Seeks Reform

Government sources said the Ministry of Micro, Small and Medium Enterprises has repeatedly warned that micro, small and medium enterprises are disadvantaged under the Insolvency and Bankruptcy Code. The ministry urged fairer representation for operational creditors in the Committee of Creditors to improve recoveries under the corporate insolvency resolution process. The Supreme Court raised similar concerns on July 18, noting that small operational creditors remain significantly disenfranchised under the IBC.

Operational debt owed to vendors and service contractors ranks below financial debt in the recovery waterfall, which reduces amounts available to operational creditors. Data from the Insolvency and Bankruptcy Board of India shows operational creditors receive less than one per cent of amounts distributed in liquidation, and recoveries under the resolution process are similarly low. The Ministry of Corporate Affairs was reported not to be considering a statutory mechanism to guarantee minimum recoveries for operational creditors.

The dispute in Tata Steel v Varsha arose from the Bhushan Steel insolvency, in which the successful resolution applicant agreed to pay financial creditors Rs 352 billion (bn) for admitted claims of Rs 560 billion (bn). Two operational creditors had collective claims of Rs 330 million (mn) but had earlier filed pending recovery suits, and their contingent claims were admitted at a notional value of Rs one each during the process. The Supreme Court held that an approved resolution plan is binding on stakeholders, which led to the extinguishment or reduction of the operational claims in the approved plan.

Insolvency experts and some lawmakers questioned whether corporate rescue goals should be achieved at the cost of smaller businesses with limited resilience. Members of the parliamentary select committee and several practitioners noted that international insolvency frameworks do not always distinguish between financial and operational creditors and can grant voting rights more broadly. The ministry continues to press for policy consideration to address the distributional effects of the code.

Government sources said the Ministry of Micro, Small and Medium Enterprises has repeatedly warned that micro, small and medium enterprises are disadvantaged under the Insolvency and Bankruptcy Code. The ministry urged fairer representation for operational creditors in the Committee of Creditors to improve recoveries under the corporate insolvency resolution process. The Supreme Court raised similar concerns on July 18, noting that small operational creditors remain significantly disenfranchised under the IBC. Operational debt owed to vendors and service contractors ranks below financial debt in the recovery waterfall, which reduces amounts available to operational creditors. Data from the Insolvency and Bankruptcy Board of India shows operational creditors receive less than one per cent of amounts distributed in liquidation, and recoveries under the resolution process are similarly low. The Ministry of Corporate Affairs was reported not to be considering a statutory mechanism to guarantee minimum recoveries for operational creditors. The dispute in Tata Steel v Varsha arose from the Bhushan Steel insolvency, in which the successful resolution applicant agreed to pay financial creditors Rs 352 billion (bn) for admitted claims of Rs 560 billion (bn). Two operational creditors had collective claims of Rs 330 million (mn) but had earlier filed pending recovery suits, and their contingent claims were admitted at a notional value of Rs one each during the process. The Supreme Court held that an approved resolution plan is binding on stakeholders, which led to the extinguishment or reduction of the operational claims in the approved plan. Insolvency experts and some lawmakers questioned whether corporate rescue goals should be achieved at the cost of smaller businesses with limited resilience. Members of the parliamentary select committee and several practitioners noted that international insolvency frameworks do not always distinguish between financial and operational creditors and can grant voting rights more broadly. The ministry continues to press for policy consideration to address the distributional effects of the code.

Related Stories

Gold Stories

Next Story
Real Estate

A Concrete Statement in Jubilee Hills

The Jubilee Hills residence is an exploration of structure as architecture, where mathematical precision, exposed concrete, and engineering discipline come together to create a bold and enduring built form.Constructed with Blushfarbe, HAACE’s bespoke concrete finish, the project demanded exceptional control, as every visible structural element was also required to perform as the final architectural surface. Deep reinforced concrete roof frames extend into the vertical façade, while precision-cast fluted surfaces, rhythmic vertical fins, circular columns, and a cantilevered staircase create ..

Next Story
Infrastructure Energy

Hindustan Zinc raises renewable power share to 22 per cent

Hindustan Zinc has increased the share of renewable energy in its overall power consumption to 22 per cent, up from around 18 per cent in FY26, as it advances towards sourcing 70 per cent of its power requirements from renewable sources by FY28.During FY26, the company generated 892 million units of green power, up from 632 million units in FY25. It has also expanded its round-the-clock renewable power arrangement with Serentica Renewables from 450 MW to 530 MW to support the transition.Hindustan Zinc is strengthening its renewable energy portfolio through solar, wind and energy storage soluti..

Next Story
Resources

Crompton unveils new brand identity and super-premium platform

Crompton Greaves Consumer Electricals Ltd. has unveiled a new master brand identity as part of its Crompton 2.0 transformation, alongside the launch of its super-premium brand Crompton Rhion and the strengthening of its Energion platform.The refreshed identity introduces Cephyr, a new emblem inspired by sapphire and Zephyrus, the Greek wind, representing Crompton’s evolution towards a design-led, consumer-centric brand. The new brand promise, ‘Amazing, Every Day’, is supported by a new sonic identity that will be rolled out across advertising, digital platforms, products and retail envir..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement