RE: Mercantile Ports & Logistics16 Apr 2026 20:05
Worth a read
Indian courts (NCLT and NCLAT) have the authority to "punish" or penalise the Committee of Creditors (CoC)—specifically individual members or the Resolution Professional—if they are found to be acting in bad faith, arbitrarily, or in violation of the law.In the case of Mercantile Ports & Logistics (MPL) and the Karanja Terminal, the courts have already begun applying pressure to prevent the CoC from ignoring a 100% debt repayment offer.1. Stripping the "Commercial Wisdom" ShieldWhile the CoC usually has "commercial wisdom" (the final say on business decisions), the Supreme Court and NCLAT have ruled that this is not an absolute shield.Arbitrary Rejection: If the CoC rejects a 100% settlement (under Section 12A) simply to seize a valuable asset (like a port), courts can declare this an "abuse of process" and set the decision aside.Case Specifics: The Supreme Court has already directed the CoC, led by Prudent ARC, to consider MPL’s proposal for full debt redemption. Failure to do so "meaningfully" could be viewed as contempt of court or a procedural illegality.2. Financial Penalties and FinesUnder the Insolvency and Bankruptcy Code (IBC), the NCLT can impose heavy financial penalties for misconduct:Section 235A Penalties: The tribunal can impose fines up to ₹2 crore (£190k+) for wilful misconduct or deliberate attempts to subvert the resolution process.Personal Liability: In cases of fraud or malfeasance, individual bank officers or the Resolution Professional (RP) can be held personally liable for the costs of delayed proceedings.3. Removal and ReplacementIf the CoC or the RP is found to be acting against the interests of value maximisation (e.g., trying to transfer a valuable port at a discount rather than taking full cash payment), the court can:Remit the Plan: Order the CoC to reconsider the proposal they rejected.Disqualify Members: In extreme cases of collusion, the court can question the "independence" of creditors and their right to lead the process.4. Directing Asset HandoverThe primary goal of the IBC is debt recovery and revival, not just liquidation or asset grabbing. If MPL proves it has the funds (reportedly from international investors) to pay 100% of the debt, the court can:Stay Third-Party Sales: Stop the CoC from selling the Karanja Terminal to someone else.Withdraw Insolvency: Approve the Section 12A withdrawal, effectively handing the port back to the owners once the money is paid into an escrow account.