NCLT rejects Yes Bank's claim against Vijay Group Realty
ECONOMY & POLICY

NCLT rejects Yes Bank's claim against Vijay Group Realty

The National Company Law Tribunal (NCLT) rejected Yes Bank's claim against property developer Vijay Group Realty for more over Rs 4.2 billion, citing an uninvoked bank guarantee and that the account was inactive. The principal account of the Borrower is a Standard Account.

The bank had appealed to a special bankruptcy court the insolvency practitioner's decision to deny the claim and exclude the bank from the creditors' committee (CoC). The developer had not missed payments on the loan, according to Yes Bank's response to a question from the resolution specialist in December 2021, and the bank had not used the corporate guarantee offered by the corporate guarantor. Yes Bank required that the resolution specialist acknowledge their allegations, though.

The bank was represented by attorney Shyam Kapadia, who claimed that there was no relationship between the filing of the claim and the claim's expiration, failure to be made, or invocation of the guarantee to make a claim for the amount.

Attorney Nausher Kohli, who was defending the company's resolution specialist, refuted this allegation by citing a different NCLAT decision in which the court took the opposite stance and held that the uninvoked corporate guarantee cannot be regarded as a claim in accordance with the IBC. As a result, it shouldn't be on the list of claims that the resolution professional keeps up with.

After hearing arguments from both sides and reviewing the case, the Mumbai bank of the NCLT, made up of judicial member HV Subba Rao and technical member Anuradha Sanjay Bhatia, rejected the bank's assertion.

The court has determined that the resolver's rejection of the bank's claim based on an uninvoked guarantee in relation to the main borrower's standard account was valid and in compliance with established legal precedent by the High Court.

The guarantees provided by businesses to bankers present a hurdle once the company enters insolvency procedures, according to partner at Dhir & Dhir Associates.

“To make any claim, the first guarantee must be invoked by the bank and, in case it is not done before the start of the resolution process, after the start of the moratorium, banks cannot invoke said guarantees,” Pyasi said.

“It is an established law that such claims cannot be admitted. The resolution professional will have to examine the claim from this perspective as well and in case such a claim is made, then the same should be rejected as properly rejected by the professional in this case,” he stated.

See also:
IL&FS obtains NCLT clearance to sell its headquarters to Brookfield
NCLAT sets aside Rs 17.88 bn penalty imposed by CCI


The National Company Law Tribunal (NCLT) rejected Yes Bank's claim against property developer Vijay Group Realty for more over Rs 4.2 billion, citing an uninvoked bank guarantee and that the account was inactive. The principal account of the Borrower is a Standard Account. The bank had appealed to a special bankruptcy court the insolvency practitioner's decision to deny the claim and exclude the bank from the creditors' committee (CoC). The developer had not missed payments on the loan, according to Yes Bank's response to a question from the resolution specialist in December 2021, and the bank had not used the corporate guarantee offered by the corporate guarantor. Yes Bank required that the resolution specialist acknowledge their allegations, though. The bank was represented by attorney Shyam Kapadia, who claimed that there was no relationship between the filing of the claim and the claim's expiration, failure to be made, or invocation of the guarantee to make a claim for the amount. Attorney Nausher Kohli, who was defending the company's resolution specialist, refuted this allegation by citing a different NCLAT decision in which the court took the opposite stance and held that the uninvoked corporate guarantee cannot be regarded as a claim in accordance with the IBC. As a result, it shouldn't be on the list of claims that the resolution professional keeps up with. After hearing arguments from both sides and reviewing the case, the Mumbai bank of the NCLT, made up of judicial member HV Subba Rao and technical member Anuradha Sanjay Bhatia, rejected the bank's assertion. The court has determined that the resolver's rejection of the bank's claim based on an uninvoked guarantee in relation to the main borrower's standard account was valid and in compliance with established legal precedent by the High Court. The guarantees provided by businesses to bankers present a hurdle once the company enters insolvency procedures, according to partner at Dhir & Dhir Associates. “To make any claim, the first guarantee must be invoked by the bank and, in case it is not done before the start of the resolution process, after the start of the moratorium, banks cannot invoke said guarantees,” Pyasi said. “It is an established law that such claims cannot be admitted. The resolution professional will have to examine the claim from this perspective as well and in case such a claim is made, then the same should be rejected as properly rejected by the professional in this case,” he stated. See also: IL&FS obtains NCLT clearance to sell its headquarters to Brookfield NCLAT sets aside Rs 17.88 bn penalty imposed by CCI

Next Story
Infrastructure Transport

Kavach 4.0 Commissioned on Delhi–Mumbai and Delhi–Howrah

"Kavach version four has been commissioned on 1,452 route km, covering the high density Delhi–Mumbai and Delhi–Howrah corridors. The rollout included laying 8,570 km of optical fibre, installation of 1,100 telecom towers, deployment of trackside equipment over 6,776 RKm and establishment of 767 station data centres. Trackside implementation has been taken up on 24,427 RKm covering Golden Quadrilateral, Golden Diagonal and High Density Network sections. The programme aims to strengthen signalling and train protection on key routes.Kavach is an indigenously developed automatic train protecti..

Next Story
Infrastructure Transport

Railways Advance Kalyan–Murbad Line And Mumbai Capacity Expansion

"Indian Railways is advancing multiple rail infrastructure projects in Maharashtra, including the sanctioned Kalyan–Murbad new line and sizable investments under the Mumbai Urban Transport Project and the Mumbai–Ahmedabad High Speed Rail project. The Kalyan–Murbad 28 km new line has been sanctioned at Rs 8.36 billion (bn) on a 50:50 cost-sharing basis with the Government of Maharashtra and has been declared a Special Railway Project for land acquisition; proposals covering 214 hectares are at various stages of acquisition. Budgetary outlay for projects falling fully or partly in Maharash..

Next Story
Infrastructure Urban

Parliamentary Panel Flags Funding Gaps in Heavy Industries

"The Department-Related Parliamentary Standing Committee on Industry (Rajya Sabha) presented its 332nd report on the Demands for Grants 2026-27 of the Ministry of Heavy Industries (MHI). Figures converted from crore and lakh are expressed in million (mn). The Budget Estimates 2026-27 for the Ministry stand at Rs 79,399 mn against a projected requirement of Rs 94,843.2 mn, a shortfall of about 16 per cent, with revenue at Rs 79,370.8 mn and capital compressed to Rs 28.2 mn from Rs 5,020 mn.The committee flagged recurring BE-to-RE compression and declining revised estimate utilisation, and calle..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement