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02 JANUARY 2018 AL CIRCLE

RBI directs lead lender State Bank of India to move NCLT seeking insolvency for Anrak Aluminium

EDITED BY : BEETHIKA BISWAS 2MINS READ

As reported by Economic Times, after the rejection of the insolvency petition filed by Anrak Aluminium by National Company Law Tribunal (NCLT) in the 'interest of the nation', the Reserve Bank of India (RBI) has directed the lead lender State Bank of India to move the tribunal seeking insolvency.

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According to a source close to the developments, Anrak Aluminium is among few other large stressed assets that the banking regulator has directed the SBI last week to initiate insolvency resolution process.

The move also comes after the joint lenders forum lenders decided not to accept the decision of the tribunal rejecting the insolvency petition filed by the corporate debtor. 

SBI's counsel VK Sajith, partner with India-Law LLP, has confirmed filing a fresh petition before the NCLT but refused to comment on any development.

Anrak Aluminium is a joint venture between India's Penna group and UAE's Ras Al Khaimah Investment Authority (RAKIA). The project was supposed to have an alumina refining plant and smelter involving around INR 6,000 crore in a government-to-government (G2G) agreement. The then AP government had assured to back the project by supplying bauxite from the APMDC. 

Anrak Aluminium got its plant ready for commercial operations by March 2013 but couldn't commence mining operations due to issues related to bauxite mining in tribal areas and alumina refinery operations could not be started. 

When AP government decided to cancel the APMDC agreement, RAKIA served an arbitration notice on the Indian government and Andhra seeking either fulfilment of commitment by supplying bauxite or payment of compensation on investments of $44.71million. Later Anrak moved the NCLT's Hyderabad bench after not being able to solve the bauxite supply issue and serve the debt of lenders. In its insolvency petition, Anrak Aluminium said it had defaulted INR 3,242 crore loan and $96 million of external commercial borrowings to the lenders headed by the SBI. 

Tribunal rejected the petition and advised them to approach the government agencies to resolve the issue. The NCLT bench advised the company and lenders to explore possibility of commencing commercial operations of the company's plant. Both the lenders and the JV partners were not in support of this and filed a fresh petition seeking insolvency.


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EDITED BY : BEETHIKA BISWAS 2MINS READ

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