Mr. K Sridhar and Mr. K. Murali are the Directors of M/s S & M Engineering Enterprises Limited (SMEEL). Unfortunately, being the victims of COVID 2019 pandemic, by both the brothers and their respective families, the

CS Professional · Insolvency - Law and Practice · PYQS · June 2024
Mr. K Sridhar and Mr. K. Murali are the Directors of M/s S & M Engineering Enterprises Limited (SMEEL). Unfortunately, being the victims of COVID 2019 pandemic, by both the brothers and their respective families, they could not concentrate on the day-to-day affairs of the business and in the short run, the top line and the bottom line of the business went southwards and ultimately, they had to face the brunt of huge debts. An application for initiation of Corporate Insolvency Resolution Process (CIRP) against M/s SMEEL under the Insolvency and Bankruptcy Code, 2016 (IBC, 2016) was moved by an 'Assignee' of an Operational Creditor for Non-payment of dues. The Adjudicating Authority admitted the application because there was no intimation of any dispute within the 10 days. After following all the compliances prescribed under the IBC, 2016, the Adjudicating Authority passed an order to Liquidate the Corporate Debtor, on an intimation from the Resolution Professional to do so, as decided by the Committee of Creditors (CoC) by requisite voting, before the approval of the resolution plan. The relevant information related to M/s SMEEL for the purpose of liquidation is produced as follows: Liabilities ₹ in Lakhs Assets ₹ in Lakhs Capital : Fixed Assets : Equity 300 Land and Buildings 350 Preference 200 Plant and Machinery 150 Financial Creditors : Current Assets : Secured 250 Inventories 100 Unsecured 150 Trade Receivables 300 Operational Creditors : Other Current Assets 50 Secured 60 Cash and Cash Equivalents 100 Unsecured 70 Fictitious Assets 190 Government Dues 50 Workmen's Dues 80 Employees Dues 80 Total 1,240 Total 1,240 Other Information : Workmen's dues represent the amounts payable for the period of 30 months preceding the liquidation commencement date. Employee's liability includes ₹ 72 Lakhs outstanding to employees for a period of 12 months, preceding the liquidation commencement date. Land and Buildings would realize 110% of its book value, Plant and Machinery would realize 60% of its book value, net of any realization cost. Inventories and Trade Receivables would realize 72% of its book value. The secured financial creditors worth ₹ 45 Lakhs decided to enforce their security interest in the other current assets and they could realize 80% of its value. There has been a pending court case against the Company for use of child labour which could result in a penalty of approximately ₹ 30 lakhs. This has been reflected as a contingent liability only. It has been finally decided to pay ₹ 25 lakhs and settle the case. Based on the amount realized and distributed, the cost of liquidation and insolvency period cost is computed to be ₹ 20 lakhs and ₹ 12 lakhs respectively. In the light of the above inputs and with reference to the relevant provisions of the IBC, 2016, answer the following questions : Explain distribution of proceeds from the sale of the liquidation assets as per the IBC, 2016.

Answer & Explanation:

Section 53 of the Insolvency and Bankruptcy Code, 2016 states the provisions relating to the distribution of assets from the sale of the liquidation assets. Distribution of Proceeds from the sale of the Liquidation Assets: Notwithstanding anything to the contrary in any law enacted by the Parliament or State Legislation for the time being in force, the proceeds from the sale of the liquidation assets shall be distributed in the following order of priority and within such period as may be specified, namely: the Insolvency Resolution process costs and the liquidation costs paid in full; the following debts which shall rank equally between and among the following: Workmen's dues for the period of 24 months preceding the liquidation commencement date; and debts owed to a secured creditor in the event such secured creditor has relinquished security in the manner set out in Section 52; wages and any unpaid dues owed to employees other than workmen for the period of twelve months preceding the liquidation commencement date; financial debts owed to unsecured creditors; the following dues shall rank equally between and among the following: any amount due to the Central Government and the State Government including the amount to be received on account of the Consolidated Fund of India and the Consolidated Fund of a State, if any, in respect of the whole or any part of the period of two years preceding the liquidation commencement date; debts owed to a secured creditor for any amount unpaid following the enforcement of security interest; any remaining debts and dues; preference shareholders, if any; and Disregard the order of priority: Any contractual arrangements between recipients with equal ranking, if disrupting the order of priority shall be disregarded by the liquidator. Fees to Liquidator: The fees payable to the liquidator shall be deducted proportionately from the proceeds payable to each class of recipients and the proceeds to the relevant recipient shall be distributed after such deduction. Explanation: It is hereby clarified that at each stage of the distribution of proceeds in respect of a class of recipients that rank equally, each of the debts will either be paid in full or will be paid in equal proportion within the same class of recipients if the proceeds are insufficient to meet the debts in full; and The term 'workmen's dues shall have the same meaning as assigned to it in Section 326 of the Companies Act, 2013.

Topics: Liquidation Process

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic