The resolution plan for Amtek was approved by National Company Law Tribunal in July last year with the sole bidder UK-based Liberty House's resolution emerging as the successful resolution applicant. But, the process has remained inconclusive till date as Liberty House defaulted in honouring the payment commitment it made for Amtek.
Lenders have an exposure of around Rs 12,000 crore to Amtek Auto and they are keen to complete the resolution process to prevent further losses on their exposure.
Amtek Auto stared at the prospect of getting liquidated in the absence of a resolution plan but earlier this month, the Supreme Court had stayed liquidation proceedings. In August, the company filed appeal in the SC against an order passed by the National Company Law Appellate Tribunal (NCLAT).
In July last year, Liberty House emerged as the successful bidder for Amtek Auto with an offer to pay Rs 3,225 crore upfront to the financial creditors and infuse another Rs 500 crore for stabilising and improving operations.
After Liberty failed to pay up, NCLT's Chandigarh bench recommended prosecution and allowed it to withdraw the bid after imposing a cost on it. On May 4, the Insolvency and Bankruptcy Board of India (IBBI), on an application from the lenders, filed a criminal complaint against Liberty House under Section 74 of IBC. This section provides for prosecution and punishment including a jail term of up to five years and a penalty of up to Rs1crore.
Sanjeev Gupta and three top executives of Liberty House were summoned by a special court for awilful' breach of the resolution plan and asked to be present on July 11. Liberty House, in turn, had accused the resolution professional and Amtek Auto's previous owners of misrepresenting facts in the information memorandum.
( With inputs from IANS )