September 14, 2021
ArcelorMittal on the other hand has challenged
ArcelorMittal on the other hand has challenged its disqualification from
bidding.Allowing ArcelorMittal to clear dues after the government frame
legislation, barring promoters who had defaulted on bank loans from bidding for
companies that were being auctioned to recover unpaid loans, was not in
accordance with the law, it contends..Essar Steel had a debt of Rs 49,000 crore
and was referred to NCLT in June last year. In the petition, NuMetal said the
Ahmedabad-bench of National Company Law Tribunal had disqualified Arcelor Mittal
India Ltd from bidding to acquire Essar Steel on grounds that it was a promoter
company of firms that had defaulted on payment of bank loans.The NCLT had,
however, "erred" in permitting ArcelorMittal India Ltd "to cure the
ineligibility by making payment of the overdue amounts of Uttam Galva and KSS
Petron" within 30 days, it said. ArcelorMittal in a separate petition challenged
its disqualification on the grounds that it had exited Uttam Galva before
submitting a bid for Essar Steel on February 12. The National Company Law
Appellate Tribunal (NCLAT) on Friday agreed to hear on May 17 cross petitions
filed by Essar Steel bidders, NuMetal Ltd and ArcelorMittal India Ltd,
challenging eligibility criteria.
The matter has been fixed for wholesale heavy hex
nuts hearing on May 17.The NCLAT took up the petitions on a day when a panel
of lenders to Essar Steel is slated to meet to decide if fresh bids are to be
called.NuMetal sought setting aside and quashing of the NCLT order that directed
the resolution professional (RP) conducting the auction and the committee of
creditors of Essar Steel India Ltd to "reconsider the resolution plan submitted
by Arcelor Mittal India Pvt Ltd and afford Arcelor Mittal India Ltd an
opportunity to make payment of the over dues amount of Uttam Galva Steels Ltd
and KSS Petron Pvt Ltd after the submission of the resolution plan for Essar
Steel and cure the ineligibility".The NCLAT issued notices to a committee of
Essar Steel creditors, the resolution professional running an auction of the
company and the two bidders on the cross petitions. The cross petitions were
mentioned before a bench of NCLAT which issued notices, replies and rejoinders
of which are to be filed within one week.Russias VTB Capital-backed NuMetal Ltd
has challenged a lower company court order allowing rival ArcelorMittal to clear
bank dues of associate companies so that it can become eligible for acquisition
of Essar Steel
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