IBC Proceedings
NCLT admits RBI's plea to start insolvency proceedings against Aviom India
This story was originally published at 11:44 IST on 20 February 2025
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--NCLT admits RBI's plea to start insolvency proceedings against Aviom India
NEW DELHI – The Delhi bench of the National Company Law Tribunal on Thursday admitted an application by the Reserve Bank of India to start insolvency proceedings against Aviom India Housing Finance Pvt. Ltd under Section 227 of the Insolvency and Bankruptcy Code, 2016. Before this, the RBI had used Section 227 to initiate insolvency proceedings against four financial services providers, all of which were resolved successfully.
The RBI's application was also filed under Rules 5 and 6 of the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudication Authority) Rules, 2019. As per Rule 5(b)(i), an interim moratorium is started against the company from the date of filing of the insolvency application till its admission or rejection.
The explanation to Rule 5(b) states that the tribunal, on the insolvency commencement date, declares a moratorium against the corporate debtor, including execution of any judgment, order, or decree. Transferring, encumbering, or alienating any of its assets also comes under the explanation. A detailed tribunal order is awaited.
Aviom India provided housing loans for home improvements, renovation, and sanitation, as well as gave loans to women who did not have any formal income documentation.
Last month, the central bank had superseded the board of Aviom India because of governance concerns and defaults in meeting various payment obligations, and appointed Ram Kumar, former chief general manager of Punjab National Bank, as administrator. In addition, the RBI had constituted a three-member advisory committee to assist the administrator in the discharge of his duties. The members of the committee were former State Bank of India chief general manager Paritosh Tripathi, former Bank of Baroda chief general manager Rajneesh Sharma, and former PNB Housing Finance managing director and chief executive officer Sanjaya Gupta.
According to media reports, National Housing Bank had investigated the books of Aviom India and discovered inflated investments in mutual funds to show a higher cash balance. The company had in November told lenders that it was facing a cash crunch and payments would be delayed. End
Reported by Surya Tripathi
Edited by Tanima Banerjee
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