Lenders and insolvency professionals in India walked into uncharted territories this year by taking Jet Airways and Dewan Housing Finance Corporation (DHFL) to the insolvency court. Both cases will pave the way forward for resolution of the aviation and financial services sectors, respectively, under the Insolvency and Bankruptcy Code, 2016, (IBC).
Timely recognition of stress and the treatment of a variety of stakeholders emerged as key challenges. Jet Airways, which was the country’s second largest by market share till last year and was grounded in April 2019, is the first airline to undergo resolution under IBC. It is also the first airline under the new laws to undergo cross-border insolvency. DHFL is the first financial services company to undergo resolution under IBC. Without a precedent, lenders and judges at the National Company Law Tribunal have a tough task ahead.
Jet posted losses in eight out of ten fiscals between 2008-2018 and began showing signs of increasing stress in August last year, when it delayed salary payments of some employees. The airline has been grounded for over eight months, after lenders refused to provide emergency funding to continue operations.
Since April, lenders made multiple attempts to sell the airline before they finally dragged Jet Airways to NCLT in June. The tribunal had directed that Jet, being a matter of “national importance”, should be resolved expeditiously. The process has been anything but.
Under IBC, bids were again invited for Jet’s revival. Things took a turn for the worse when Etihad Airways, Jet’s erstwhile strategic partner, said it would not participate in the resolution process. It is understood that Etihad wanted assurance that criminal proceedings would not be initiated against the airline.
Reviving an airline which has been grounded for eight months is a near impossible task, say industry experts. Now, only one foreign entity, Colombia’s Synergy Group, remains interested. But without clarity on Jet’s slots, which are among the airline’s most valuable assets, Synergy is yet to seal the deal. The slots were redistributed among other airlines after Jet was grounded. Slots allow an airline to enter and exit airports at scheduled times. “The government is not giving assurance on Jet’s slots. Lenders have written to the government almost monthly, seeking some assurance, so far, they have not responded. The court has also now made the civil aviation ministry party to the insolvency proceedings, but it may be too little too late,” said the source requesting anonymity.
27/12/19 Anwesha Ganguly & Ankur Mishra/Financial Express
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Timely recognition of stress and the treatment of a variety of stakeholders emerged as key challenges. Jet Airways, which was the country’s second largest by market share till last year and was grounded in April 2019, is the first airline to undergo resolution under IBC. It is also the first airline under the new laws to undergo cross-border insolvency. DHFL is the first financial services company to undergo resolution under IBC. Without a precedent, lenders and judges at the National Company Law Tribunal have a tough task ahead.
Jet posted losses in eight out of ten fiscals between 2008-2018 and began showing signs of increasing stress in August last year, when it delayed salary payments of some employees. The airline has been grounded for over eight months, after lenders refused to provide emergency funding to continue operations.
Since April, lenders made multiple attempts to sell the airline before they finally dragged Jet Airways to NCLT in June. The tribunal had directed that Jet, being a matter of “national importance”, should be resolved expeditiously. The process has been anything but.
Under IBC, bids were again invited for Jet’s revival. Things took a turn for the worse when Etihad Airways, Jet’s erstwhile strategic partner, said it would not participate in the resolution process. It is understood that Etihad wanted assurance that criminal proceedings would not be initiated against the airline.
Reviving an airline which has been grounded for eight months is a near impossible task, say industry experts. Now, only one foreign entity, Colombia’s Synergy Group, remains interested. But without clarity on Jet’s slots, which are among the airline’s most valuable assets, Synergy is yet to seal the deal. The slots were redistributed among other airlines after Jet was grounded. Slots allow an airline to enter and exit airports at scheduled times. “The government is not giving assurance on Jet’s slots. Lenders have written to the government almost monthly, seeking some assurance, so far, they have not responded. The court has also now made the civil aviation ministry party to the insolvency proceedings, but it may be too little too late,” said the source requesting anonymity.
27/12/19 Anwesha Ganguly & Ankur Mishra/Financial Express
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