Parliamentary panel for dedicated
NCLT, NCLAT courts for IBC cases
A meeting of the parliamentary panel on
finance on Thursday discussed the need to make some provisions of the
Insolvency and Bankruptcy Code (IBC), 2016, more robust, especially setting up dedicated
National Company Law Tribunal (NCLT) and National Law Appellate Tribunal
(NCLAT) courts to expedite cases.
With the government set to introduce
amendments to the code in the Monsoon Session, the Parliamentary Standing
Committee on Finance has expanded its agenda of reviewing the functioning of
the IBC.
Until now, it has tried to understand
the perspectives of the banks. In its subsequent meetings, it will examine its
impact on the industry, especially the micro, small and medium enterprises (MSME)
sector. It could submit its report on the IBC during the monsoon session,
sources said.
At its Thursday's meeting, the panel met
representatives of four public sector banks--State Bank of India, Indian Bank,
Bank of Baroda and Indian Overseas Bank--in the morning on the subject of
review of the working of the IBC and emerging issues .
During the discussions, it was pointed
out that under the existing law the corporate insolvency resolution procedure
(CIRP) process has to be mandatorily completed within 330 days, but the average
currently is 507 days. In that context, the panel suggested setting up of
dedicated NCLT and NCLAT courts for IBC cases.
The discussion flagged the need for the
law to cover cross-border insolvency and group insolvency, which it currently
does not address. Members wanted to know the factual position related to the
Bhushan Power and Steel Limited (BPSL). The Supreme Court had in May quashed
JSW Steel's resolution plan for BPSL, but the case is still sub-judice, the representatives
of the banks argued. Panel members pointed out that it does not bar either
Parliament or a Parliamentary Standing Committee to discuss the issue.
Later in the day, Reserve Bank of India
(RBI) Governor Sanjay Malhotra was to brief the panel on the subject of the IBC
and emerging issues. However, members of the 31-member panel, which Bharatiya
Janata Party (BJP)'s Lok Sabha member Bhartruhari Mahtab heads, wanted to know
from Malhotra about the economic challenges the country is facing.
Malhotra briefed the panel on the steps
that the central bank is taking in the face of global headwinds, and explained
its position on cryptocurrency, among other issues. The panel is likely to ask
the RBI representatives to appear before it on July 23 to discuss IBC.
During its meeting with the governor,
panel members expressed concern at the alarming situation of more than
250,000 banking correspondents quitting their jobs because of lack of support
from their respective banks. The panel urged the RBI to direct banks to provide
laptops with internet access to banking correspondents, who play a crucial role
in providing banking services in unbanked and under-banked areas.
Members also asked the RBI about the
efficacy of the grievance redressal systems of banks and the mechanism of the
Banking Ombudsman, and wanted to find out how many complaints it has received.
Issues such as cybercrime and the problem of fake currency notes, especially of
Rs 500 denominations, also came for discussion.
The panel had met representatives of the
Union Bank of India, Punjab National Bank and Canara Bank on May 28 and 29 on
the subject of IBC, as also those of the Insolvency and Bankruptcy Board of
India (IBBI).
Apart from Mahtab, the 31-member
committee includes former Union ministers and Congress MPs P Chidambaram and
Manish Tewari, Congress' Gaurav Gogoi, Trinamool Congress' Sougata Roy,
Revolutionary Socialist Party's N K Premachandran, former Union minister and
BJP MP P P Chaudhary and Shiv Sena's Milind Deora.
Apart from amendments to the IBC, the
Finance and Corporate Affairs Ministries are also likely to move the Income Tax
Bill, Insurance Bill and the Bill for Banning of Unregulated Lending Activities
in the Monsoon Session of Parliament from July 21.
www.business-standard.com,
dt. 11-07-2025