New Delhi: In a setback to lenders, the National Company Law Tribunal has removed Jitender Kothari as the resolution professional (RP) in an insolvency case related to Anil Ambani‘s personal guarantee to SBI for a loan to Reliance Communications. NCLT appointed Prashant Jain as the new RP.
In Sept 2016, Ambani had given a personal guarantee for a Rs 1,385-crore loan, which was retrospectively classified as an NPA effective late Aug 2016. Kothari was appointed RP in Aug 2020. A few days after his appointment, the RP sought multiple details from Ambani, including details of a case in a British court. The insolvency action had been challenged in Delhi HC and the SC.
In May 2021, the RP filed his report in NCLT, recommending admission of company petition for insolvency resolution despite Ambani’s lawyer seeking more time, citing restricted mobility due to Covid. A few days later, Ambani’s lawyer wrote that the RP can only seek information from SBI. Meanwhile, the businessman’s writ petition in SC was tagged along with one Surendra Jiwarajka, which was finally decided in Nov 2023.
Ambani has accused the RP of “acting in undue haste and denying him fair and proper opportunity” to provide information. Besides, the RP is accused of exceeding the mandate under IBC in seeking “unrelated information”. The RP denied the charges.
