NCLT appoves Haldia’s plan for Nagarjuna Oil

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The National Company Law Tribunal (NCLT), Chennai has approved the resolution plan submitted by Haldia Petrochemicals for Nagarjuna Oil Corporation Ltd. (NOCL).

V. Mahesh, liquidator for NOCL, confirmed the development, but the final order copy is awaited.

NOCL’s refinery project in Cuddalore was supposed to go on stream in 2012, but faced numerous delays, including in the form of a cyclone in 2011. Time and cost overruns resulted in the project cost escalating to ₹15,000 crore from ₹3,500 crore.

A consortium of 17 banks, that funded the project, was to have brought in an additional ₹7,000 crore debt as part of a restructuring plan. However, it did not materialise and insolvency proceedings were initiated against NOCL. The project was one of the biggest for Tamil Nadu and the State government had offered tax incentives during the global investors meet held in 2015.

NCLT had ordered liquidation of NOCL in 2018, after resolution plans failed to materialise.

Later, Haldia submitted a resolution plan under section 230 of Companies Act. Section 230 of the is a mechanism to ensure institutional settlement of disputes between creditors and the company. It ensures that the company has a chance to save itself from insolvency or liquidation by entering into a deal with at least a majority of creditors.

In September 2019, Haldia Petrochemicals signed an MoU with the Tamil Nadu Government to invest almost ₹50,000 crore in Cuddalore district for building a petrochemical complex.

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NCLT appoves Haldia’s plan for Nagarjuna Oil

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Read More/Less


The National Company Law Tribunal (NCLT), Chennai has approved the resolution plan submitted by Haldia Petrochemicals for Nagarjuna Oil Corporation Ltd. (NOCL).

V. Mahesh, liquidator for NOCL, confirmed the development, but the final order copy is awaited.

NOCL’s refinery project in Cuddalore was supposed to go on stream in 2012, but faced numerous delays, including in the form of a cyclone in 2011. Time and cost overruns resulted in the project cost escalating to ₹15,000 crore from ₹3,500 crore.

A consortium of 17 banks, that funded the project, was to have brought in an additional ₹7,000 crore debt as part of a restructuring plan. However, it did not materialise and insolvency proceedings were initiated against NOCL. The project was one of the biggest for Tamil Nadu and the State government had offered tax incentives during the global investors meet held in 2015.

NCLT had ordered liquidation of NOCL in 2018, after resolution plans failed to materialise.

Later, Haldia submitted a resolution plan under section 230 of Companies Act. Section 230 of the is a mechanism to ensure institutional settlement of disputes between creditors and the company. It ensures that the company has a chance to save itself from insolvency or liquidation by entering into a deal with at least a majority of creditors.

In September 2019, Haldia Petrochemicals signed an MoU with the Tamil Nadu Government to invest almost ₹50,000 crore in Cuddalore district for building a petrochemical complex.

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Valli Arunachalam family moves waiver application

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Valli Arunachalam and her family have moved a waiver application before the National Company Law Tribunal (NCLT), Chennai seeking waiver of the minimum shareholding requirement of 10% for maintaining the alleged oppression and mismanagement case against Ambadi Investments (AIL), the holding company of the ₹38,100-crore Murugappa Group, and also its family members.

Moving the waiver petition, Senior Counsel P.S. Raman pointed out that the family owns 8.21% in Ambadi and falls short of the minimum requirement as per section 244 of the Companies Act, 2013, by 1.79%.

He also pointed out that the National Company Law Appellate Tribunal, New Delhi had given a waiver to certain firms of Cyrus Mistry from the minimum requirement for maintaining its case against Tata Sons.

Mr. Raman also pointed out the main allegation is there has been history of gender discrimination in the Murugappa Group.

He also pointed out that Valli Arunachalam family’s plea for equal representation in the affairs of the company has been denied since her father M.V. Murugappan’s demise a few years back.

“Murugappan is the only family member who does not have a male legal heir,” pointed out Mr. Raman.

“We are making a very serious allegation of gender discrimination. When Valli Arunachalam’s name was proposed to the board, it was replied by them she was not qualified,” he pointed out.

She holds a doctorate in nuclear physics and is a technology consultant in the U.S., he added.

Mr. Raman also pointed out the main petition also seeks a fair buyout of their stake as per section 242 (2b) of the Companies Act, 2013.

NCLT has given three weeks’ time for the respondents to file their counter.

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