Business · Companies · 1 hr ago

Appeal tribunal stays insolvency case against Polycab over ₹2.79 crore claim

Appeal tribunal stays insolvency case against Polycab over ₹2.79 crore claim

An insolvency court admitted a supplier’s ₹2.79 crore claim against Polycab India on 7 October.

The Ahmedabad bench of the National Company Law Tribunal acted on a claim by Asier Metals for unpaid operational debt.

Two days later, the National Company Law Appellate Tribunal stayed the admission order.

India’s Insolvency and Bankruptcy Code lets suppliers and other operational creditors start proceedings over defaults of at least ₹1 crore, if legal requirements are met and there is no genuine earlier dispute.

Experts say insolvency proceedings can pressure companies to settle debts, even when the claim is small compared with their finances.

For listed companies, admission can affect investor confidence, lenders and business operations, while unpaid bills can also put pressure on smaller suppliers.

Courts have warned that the code is not a debt-recovery tool; the case’s next steps are not stated.

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What people are saying

Pooja ChakrabartiPartner at Argus Partners
The case highlights an important concern in the existing IBC (Insolvency and Bankruptcy Code) framework. Even a financially sound company may find itself facing insolvency proceedings over a relatively small operational debt.
via Mint
Amir BavaniFounder of AB Legal, Hyderabad
While the inherent ethos of the code has always been to shun recovery tactics, it is true that IBC proceedings are more often than not employed as a pressure tactic to induce repayment
via Mint
Vidya K.Partner at King Stubb & Kasiva
The possibility of insolvency proceedings being used as leverage in commercial payment disputes is a legitimate concern. The consequences of admission can create substantial commercial pressure on a corporate debtor to settle outstanding claims, even where the amount involved is relatively modest
via Mint