Supreme Court upholds supremacy of IBC by asking SEBI to join process - Ponzi companies
If the current proceedings at the Supreme court are an indication, all collective investment schemes being investigated by SEBI ‘may’ very well end up being proceeded against under the Insolvency and Bankruptcy Code, 2016 (IBC). The case before the Supreme Court pertains to two (Ponzi) schemes launched by the same promoters using the companies Royal Twinkle Star Club Limited and Citrus Check In Limited . While these cases were under SEBI investigation after having traveled to the Supreme Court earlier, some of the investors in this scheme triggered the IBC in 2017. The Mumbai Bench of the NCLT declared moratorium against both companies. This case, however, has elements which have been tested and applied for the first time under IBC. Firstly, in the absence of any financial creditors, the huge base of 18 lakh investors was tagged as operational creditors. Regulation 16 of the IBBI (CIRP) Regulations which specified that in case of no financial credit...