NCLAT Approves Delisting Of Alok Industries
A two-member NCLAT bench headed by Chairperson Justice SJ Mukhopadhaya has modified the order passed by the National Company Law Tribunal, Ahemdabad, which denied such permission.
While approving Rs 5,052-crore bid of RIL for Alok Industries in March, the NCLT did not give its approval to RIL's plea for granting exemptions for delisting of Alok Industries' shares from the bourses. Later, RIL again sought permission but was denied in July.
"The Appellant (RIL) is directed to comply with the plan forthwith," said the NCLAT.
The appellate tribunal observed that Securities and Exchange Board of India in its affidavit had also said that there is no requirement for permission of the market regulator for such delisting.
"In view of the specific plea taken by the SEBI' - 3rd Respondent, no further clarification is required. The Resolution Applicant' will act in accordance with the stand taken by the SEBI' and in accordance with law, if not yet taken. The order dated July 26, 2019 passed by the Adjudicating Authority (Ahmedabad Bench) stands clarified/modified to the extent above," the appellate tribunal said. The NCLAT order came over a petition filed by RIL, challenging the NCLT order.
As RIL relied on the SEBI amendment notification with regard to delisting of shares, the NCLAT had earlier on Sept. 11 impleaded SEBI and on Oct. 15 granted the regulator seven days to file a reply affidavit to make its stand clear about the amendment related to delisting of shares.
Last year, SEBI relaxed requirements to comply with delisting norms for companies facing insolvency proceedings provided the resolution plan lays down the procedure for delisting that particular entity from the exchanges.
In a notification, the markets regulator had said norms pertaining to the delisting of equity shares would not be applicable to any entity that is getting delisted pursuant to a resolution plan approved under the Insolvency and Bankruptcy Code. The notification was issued on June 1.
Alok Industries, a Mumbai-based textile company, was in the first list of 12 companies issued by the Reserve Bank of India in 2017 for initiation of insolvency process.