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Opportunities in the Indian Distressed Asset Market

The Indian Professionals Forum jointly with the High Commission of India and with the support from EY and Khaitan organised an event at London Business School on India’s Insolvency and Bankruptcy Code 2016 (IBC) and the distressed debt opportunity in India on 24 September 2018. The event was aimed to enhance the awareness about the IBC and to discuss the experiences of mature markets and to inform the participants about the insolvency process and the distressed market in India.

Speakers included:

  • The Finance Minister of India, Mr. Arun Jaitley. (via VC)

  • The Secretary of the Ministry of Corporate Affairs, Mr. Injeti Srinivas.

  • The Chairman of the Insolvency and Bankruptcy Board of India, Dr. M S Sahoo

  • Mr. Y.K. Sinha, the Indian High Commissioner in the UK

  • Mr. Ajay Tyagi, Chairman, SEBI

  • Mr. Anshu Jain, President Cantor Fitzgerald

  • Mr. Kalpesh Kikani, MD, AION Capital

  • Mr. Haigreve Khaitan, Partner, Khaitan & Co.

  • Mr. Anil Bhatia, MD & CEO, JM ARC

  • Mr. Abizer Diwanji, Head – Financial Services & Restructuring, EY India

India has emerged as a key destination for distressed opportunities on the global map. Recent legislative changes, with the advent of the Insolvency and Bankruptcy Code 2016 and the de-leveraging process being undertaken by corporate India and Indian banks have generated a distressed market estimated to be circa $200 billion.

Over 100 delegates attended the all-day event. There was a very positive response and delegates suggested to have follow up events to provide an ongoing update of the changing scenario of the stressed debt opportunities.

The summary of the discussions regarding introducing India’s Insolvency and Bankruptcy code 2016 included: ​

  • Shift from ‘debtor in control’ to ‘creditor in control’ approach

  • Focus on resolution as opposed to only recovery

  • Timebound resolution

  • Maximizing value of assets

  • Balancing interests of all stakeholders

  • Promoting availability of capital

  • Promoting financial discipline

  • Promoting market for stressed assets

  • Creditor-driven on the lines of UK insolvency law

  • Can be triggered by financial creditor, operational creditor, or corporate applicant

  • Court has very limited role

  • Well laid down corporate insolvency resolution process (CIRP)

  • Taking a ‘going concern’ concept

  • Resolution professional is individual (no surety/ insurance)

  • Government dues highly subordinated in the liquidation waterfall

The Honourable Minister of Finance Arun Jaitley congratulated the Indian Professionals Forum for organising the Event and invited international investors to participate in this market.

Presentation by Injeti Srinivas - Secretary, Corporate Affairs Ministry


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