Banks Move NCLAT Against NCLT Order Approving Subhash Chandra's Repayment Plan

The National Company Law Appellate Tribunal (NCLAT) has agreed to hear an urgent plea filed by Canara Bank and Union Bank of India challenging the NCLT's approval of Subhash Chandra's repayment plan in his personal insolvency proceedings. The appellate tribunal is likely to take up the matter on September 1, with Solicitor General Tushar Mehta pressing for an immediate hearing.

Banks Seek Urgent Hearing and Stay

In their plea, the banks have argued that the approved plan results in a "haircut" of virtually 99% for lenders and could undermine the "intent and purpose" of the Insolvency and Bankruptcy Code (IBC). They have also sought a stay on the NCLT order, according to reports.

During a virtual mentioning of the matter before a bench comprising Officiating Chairperson Justice Yogesh Khanna, Member (Technical) Banu Mitra, and Member (Technical) Ajai Das Mehrotra, Solicitor General Tushar Mehta, representing the creditors, urged the tribunal to hear the petition urgently. He said that if the order is allowed to continue, it would defeat the very purpose of the IBC. The bench, noting that they had yet to read the files, agreed to list the matter for hearing on September 1, as per reports.

The Repayment Plan and Its Impact

The NCLT order approves a repayment plan under which Chandra will pay 5 crore, with 25 crore for distribution among creditors and ₹25 lakh for insolvency process costs—against admitted claims of approximately 57 crore. This means creditors stand to recover only about 028% of their original claims, according to Bar and Bench.

The plan was approved on August 25 by Judicial Member Nilesh Sharma, who had been brought onto the insolvency bench by the NCLT president in February 2026 after two other members—Judicial Member Ashok Kumar Bhardwaj and Technical Member Reena Sinha Puri—delivered conflicting opinions on the plan. While Bhardwaj favoured approval, Puri concluded that the plan suffered from serious legal and procedural defects.

Sharma noted that creditors had actively participated in the proceedings without establishing sufficient prejudice, and held that the tribunal should not substitute its commercial judgment for a decision backed by the required majority of creditors. However, his stance is yet to be formalised into a final order, as the matter remains pending before the regular bench for final directions, according to Business Today.

Sharma also directed the Resolution Professional to exclude claims filed by creditor Anil Kumar on behalf of 960 individuals and creditor Sunil Jain on behalf of 300 individuals, with the 25 crore to be redistributed among remaining eligible creditors after a revised list is prepared, as reported by Bar and Bench.

Creditors' Opposition

Several banks and financial institutions, including HDFC Bank, Axis Bank, Canara Bank, RBL Bank, and Union Bank of India, voted against the proposal. Canara Bank, which held a 60% voting share, said it, along with Union Bank of India 76%) and LIC Housing Finance 09%), voted against the plan. The plan was approved with the support of other financial creditors holding 81% of the voting share, according to CNBC TV18.

HDFC Bank, which expects to recover roughly 2% of its total claim under the proposed payout structure, had actively evaluated an appeal to the NCLAT prior to the collective challenge. LIC Housing Finance argued that it would receive only 09 lakh against its admitted claim of 39 crore. It also contended that even the proposed 5 crore was described in the plan as indicative and uncertain, as per Bar and Bench.

Objecting creditors relied on net-worth certificates purportedly showing Chandra's net worth at approximately ₹45,888 crore in 2017 and ₹40,562 crore in 2018, with his present net worth stated to be about 79 crore, according to the same report.

Background of the Insolvency Proceedings

The insolvency proceedings against Chandra were initiated in 2022 by Indiabulls Housing Finance Limited (now Sammaan Capital) under Section 95 of the IBC, after Chandra, as a personal guarantor for a ₹170 crore loan to Vivek Infracon, failed to meet obligations when the loan turned bad. The plea was admitted in 2024, and several other creditors joined the proceedings.

Chandra has maintained that he did not personally borrow from the lenders and that the claims relate to guarantees given for loans raised by Essel and Zee-linked companies. Government sources clarified to Mint that the proceedings do not stem from direct loans taken by Chandra personally, but were triggered by personal guarantees he extended for loans secured by various Essel and Zee-linked entities. Of the total outstanding debt, only around ₹2,574 crore pertains to claims where Chandra provided personal guarantees at the time of initial loan disbursement, with subsequent guarantees given as secondary security, as reported by Business Today.