NCLT Sets Aside Insolvency Order Against Logix Infra
ECONOMY & POLICY

NCLT Sets Aside Insolvency Order Against Logix Infra

In a rare move, the National Company Law Tribunal (NCLT) has revoked its own July 2023 order that initiated insolvency proceedings against real estate firm Logix Infrastructure. The tribunal ruled that the plea, filed by financial creditor Experts Realty Professionals, was made with “fraudulent and mala fide intentions” and involved collusion between the creditor and the corporate debtor.

The NCLT found that the entire transaction was “orchestrated” and that the insolvency forum was misused with “purported malicious intent.” It stated that the petition was filed for purposes other than resolving insolvency, which goes against the objectives of the Insolvency and Bankruptcy Code (IBC).

Highlighting serious irregularities, the tribunal directed a thorough investigation by the Serious Fraud Investigation Office (SFIO) to uncover the extent of the alleged collusive actions. It also ordered the lifting of the corporate veil to examine the financial transactions and motives behind the insolvency plea.

“We are of the considered view that the Section 7 application bearing IB-237(ND)/2023 filed by the financial creditor (Experts Realty Professionals) is a collusive application filed in collusion with the corporate debtor (Logix Infrastructure) with an ulterior motive,” the tribunal stated in its order.

On July 14, 2023, the NCLT had admitted the insolvency plea against Logix Infrastructure, initiating the Corporate Insolvency Resolution Process (CIRP) based on the financial creditor’s claim of default. However, in its latest ruling issued last Thursday, the tribunal recalled and set aside this order. It further instructed the Resolution Professional to hand over control of Logix Infrastructure back to its ex-management and suspended board of directors.

If any resolution plan had been submitted by a successful bidder, the tribunal directed the Resolution Professional to refund the earnest money deposit and performance bank guarantee within one week. Additionally, it ordered the financial creditor to bear all costs, fees, and expenses incurred by the Resolution Professional, with payments to be made within a week.

In a stern action, the NCLT also imposed a penalty of Rs 5 lakh on Experts Realty Professionals, directing the firm to deposit the amount in the Prime Minister’s National Relief Fund (PMNRF) within ten days of the order.

The tribunal’s decision came after an application by homebuyers of Logix Blossom Country, a project of Logix Infrastructure, who argued that the insolvency proceedings were initiated with fraudulent and malicious intent to defraud creditors and flat allottees.

In a rare move, the National Company Law Tribunal (NCLT) has revoked its own July 2023 order that initiated insolvency proceedings against real estate firm Logix Infrastructure. The tribunal ruled that the plea, filed by financial creditor Experts Realty Professionals, was made with “fraudulent and mala fide intentions” and involved collusion between the creditor and the corporate debtor. The NCLT found that the entire transaction was “orchestrated” and that the insolvency forum was misused with “purported malicious intent.” It stated that the petition was filed for purposes other than resolving insolvency, which goes against the objectives of the Insolvency and Bankruptcy Code (IBC). Highlighting serious irregularities, the tribunal directed a thorough investigation by the Serious Fraud Investigation Office (SFIO) to uncover the extent of the alleged collusive actions. It also ordered the lifting of the corporate veil to examine the financial transactions and motives behind the insolvency plea. “We are of the considered view that the Section 7 application bearing IB-237(ND)/2023 filed by the financial creditor (Experts Realty Professionals) is a collusive application filed in collusion with the corporate debtor (Logix Infrastructure) with an ulterior motive,” the tribunal stated in its order. On July 14, 2023, the NCLT had admitted the insolvency plea against Logix Infrastructure, initiating the Corporate Insolvency Resolution Process (CIRP) based on the financial creditor’s claim of default. However, in its latest ruling issued last Thursday, the tribunal recalled and set aside this order. It further instructed the Resolution Professional to hand over control of Logix Infrastructure back to its ex-management and suspended board of directors. If any resolution plan had been submitted by a successful bidder, the tribunal directed the Resolution Professional to refund the earnest money deposit and performance bank guarantee within one week. Additionally, it ordered the financial creditor to bear all costs, fees, and expenses incurred by the Resolution Professional, with payments to be made within a week. In a stern action, the NCLT also imposed a penalty of Rs 5 lakh on Experts Realty Professionals, directing the firm to deposit the amount in the Prime Minister’s National Relief Fund (PMNRF) within ten days of the order. The tribunal’s decision came after an application by homebuyers of Logix Blossom Country, a project of Logix Infrastructure, who argued that the insolvency proceedings were initiated with fraudulent and malicious intent to defraud creditors and flat allottees.

Next Story
Infrastructure Urban

SCLR Extension Nears Completion Linking BKC With Signal-Free Route

The Santacruz-Chembur Link Road (SCLR) extension towards Bandra-Kurla Complex (BKC) via the Mumbai University campus has entered its final stage, bringing motorists closer to a direct, signal-free connection between the Western Express Highway and the city’s commercial district. The elevated connector is being built as an arm from the SCLR alignment and will link the western suburbs with BKC without surface signals. The link is designed to reduce journey times for commuters travelling from the western suburbs to BKC and to improve access to eastern Mumbai. By carrying through traffic above s..

Next Story
Infrastructure Transport

Raiganj MP Seeks Bengal Only Highway Link To Siliguri

Raiganj Member of Parliament Kartik Chandra Paul met Union Minister for Road Transport and Highways Nitin Gadkari in New Delhi to press for a new stretch of national highway in North Dinajpur district. He urged approval for a Bengal-to-Bengal link that would connect National Highways 12 and 27 to allow vehicles bound for Siliguri to avoid the current route through Kishanganj in neighbouring Bihar. He also submitted a proposed alignment of the new road to the ministry for consideration. At present vehicles from Raiganj travel along NH-12 and join NH-27 at Purnia More in Dalkhola, a route that p..

Next Story
Infrastructure Transport

Airport Kilambakkam Metro Line To Be Extended To Chengalpattu

Chennai Metro Rail (CMRL) has invited tenders for two detailed project reports that would extend its rail network to Chengalpattu in the south and extend Corridor-5 to Wimco Nagar in the north as part of a second wave of expansion beyond the operator's corridors under construction. The move signals an acceleration of planning for suburban links and interchange nodes. The larger of the two studies covers a roughly 27km extension from the planned Kilambakkam metro station to Chengalpattu under Corridor-1, Phase I. CMRL floated the tender at an estimated cost of Rs 21.6 mn. The proposed line woul..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement