Is it possible to restructure debts through reduction of capital? Support your answer with a decided case law.

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2021
Is it possible to restructure debts through reduction of capital? Support your answer with a decided case law.

Answer & Explanation:

Yes, it is possible to restructure debts through reduction of capital. The petitioner-company was referred to the Corporate Debt Restructuring ('CDR') forum for re-scheduling and restructuring its debt. As per restructuring package, as approved by CDR forum, for every 10 equity shares the company would cancel 4 equity shares and in lieu of such cancellation, 4 non-cumulative preference shares would be allotted and the existing equity shareholders would continue to hold remaining 6 shares without any alteration of rights. When the petitioner-company moved to the High Court for confirmation of its restructuring package, the objector opposed the scheme on the ground that it would suffer financial loss. Taking an overall view and considering the proposed scheme of reduction of share capital in larger perspective, the High Court found no reason not to confirm the proposed action of the company to reduce its share capital. The High Court observed that the proposal is likely to improve the financial resources of the company, and to increase the share of profit available for expansion and growth of the company. Moreover, the proposal does not involve diminution of any liability in respect of unpaid capital or the payment to any shareholder of any paid-up capital. [Essar Steel Ltd. Re (2005) 59S CL 457: (2006) 130 Com cases 123(Guj)] .

Topics: Corporate Restructuring

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