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IBC Amendment Bill 2018 passed, puts home buyers at par with creditors

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IBC Amendment Bill 2018 passed, puts home buyers at par with creditors

The Lok Sabha on Wednesday, August 1, passed the Insolvency and Bankruptcy Code (Second Amendment) Bill 2018.

The Bill amends the Insolvency and Bankruptcy Code, 2016 to clarify that allottees under a real estate project should be treated as financial creditors. This aims to provide relief to home buyers who, as financial creditors, will be able to decide the future of defaulting builders alongside their lenders.

The voting threshold for routine decisions taken by the committee of creditors has been reduced from 75 per cent to 51 per cent.

For certain key decisions, this threshold has been reduced to 66 per cent. This makes it easier for banks to agree on salvaging a failed firm from being wound up by lowering the votes needed for taking critical decisions to 66% from 75%, reported Live Mint.

The Bill also allows the withdrawal of a resolution application submitted to the National Company Law Tribunal under the Code.  This decision can be taken with the approval of 90 per cent of the committee of creditors.

The demand from the main opposition party, the Congress, to refer the proposed amendments to a parliamentary panel was not accepted.

Interim finance minister Piyush Goyal, who moved the Bill, said the financial creditor status would help home buyers protect their hard earned savings and that the changes in voting requirements were based on global best practices.

“We looked at global best practices. In the UK, for example, a resolution plan is accepted if 51% of lenders agree. The government decided that some provisions need concessions so that more stressed assets get resolved,” the minister said.

Congress members, however, alleged that lowering the votes needed to clear corporate revival plans to 66% would benefit investors who could buy stressed assets for a song. Congress MP M Veerappa Moily demanded that the bill be referred to a parliamentary panel for review, while P Venugopal of the All India Anna Dravida Munnetra Kazhagam (AIADMK) said it did not specify whether home buyers would be treated as secured creditors.

In his reply to the discussion on the Bill, Goyal said liquidation of companies was the last option and that the intention of the law is to save enterprises wherever possible considering the need for saving jobs.

“Whether home buyers are secured or unsecured creditors will be decided on a case to case basis by the resolution professional and the courts,” said Goyal. The minister also said there was no plan to denationalize any public sector bank.

Opposition alleges move to benefit Reliance

Leader of the Congress Mallikarjun Kharge and several others alleged that the ordinance was brought to facilitate the acquisition of Alok Industries by Reliance Industries.

“People want the government to respond immediately and that is what is appreciated,” he said, adding “we want resolution and not liquidation” of ailing companies.

Kharge alleged that the ordinance was brought by the government to help the Reliance Industries to acquire Alok Industries.

“You brought this ordinance in haste. You do not respond with such alacrity during floods. The minister’s reply is not proper. We protest and walk out,” he said while leading the walkout.

Earlier, several opposition members demanded that the bill may be referred to a Standing Committee.

Participating in the debate on the measure, Congress member Veerappa Moily said the National Company Law Tribunal (NCLT) had become “an instrument for siphoning off funds” of the treasury as banks were taking huge haircuts and corporates were buying out insolvent companies for paltry sums.

“Be fair and refer the bill to the Standing Committee. Because you got stuck up in the NCLT, you brought in the bill. The Ordinance is tainted and sending it to the Standing Committee will remove the taint,” he said, adding that the “greed” behind bringing the bill is to “loot the banks”.

Moily, a former Corporate Affairs Minister, said if the bill was referred to the Standing Committee, then it would submit its report within 15 days. Moily is now the Chairman of the Standing Committee on Finance.

N K Premachandran (RSP) said the promulgation of the IBC (Amendment) Ordinance was a “clear case of crony capitalism”, saying it intended to benefit a particulate industrial house.

“Alok Industries owed Rs 300 crores to banks, Reliance Industries bought it in Rs 50 billion, banks loss was Rs 250 billion,” he asserted, while alleging that undue haste was shown by the government in bringing the bill.

Questioning the government’s urgency in bringing the IBC Ordinance when the Monsoon Session was just a month away, P Venugopal (AIADMK) said a perception was being built that the government has brought in the amendment bill to facilitate one corporate house.

“The IBC is being amended in haste to allow Reliance Industries to take over Alok Industries…. In the name of NPA clean-up, the government should not be seen as supporting crony capitalism,” Venugopal said.

Saugata Ray (TMC) said the government was leading the country to a ‘blind alley’ and the IBC should not be seen as a panacea for all illness.

“Mr Goyal, our caretaker Finance Minister, we can’t see the banking sector collapse… I support the Congress demand of referring the bill to the Standing Committee,” Ray said.

He said under the resolution process, banks were taking huge haircuts and the IBC is leading to “crony capitalism”.

Citing the resolution process of the Alok Industries, Ray said the Reliance Industries could not acquire the company at the first instance since the resolution plan got less than the required 75 per cent vote.

“The IBC amendment bill brought by the government lowers the minimum vote requirement for passing the resolution to 66 per cent from 75 per cent in the original act. Just for 66 per cent vote, you can acquire a company. Just for Reliance Industries, Government has brought an Ordinance,” Ray said.

The TMC member said in case of Bhushan Steel takeover by Tata Steel, the banks had taken 40 per cent haircut and lost Rs 210 billion. In case of Vedanta buying Electrosteel, the haircut was 60 per cent and the banks lost Rs 84 billion.

As regards Alok Industries, banks have taken 83 per cent haircut and the loss is to the tune of Rs 250 billion, he claimed in the House.

The other members who participated in the debate included Subhash Baheria (BJP), P S Chandumajra (SAD), J P Narayan (RJD) and Dushyant Chaoutala (INLD).

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Case registered against Mamata Banerjee over controversial 2025 religion remark

A formal police case has been registered against Trinamool Congress supremo Mamata Banerjee in Siliguri, West Bengal. The complaint alleges that her 2025 “Ganda Dharm” remark targeted Hinduism and hurt the religious sentiments of the community.

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Mamata Banerjee

A formal police complaint has been lodged against Trinamool Congress (TMC) chief Mamata Banerjee in West Bengal’s Siliguri. The legal action stems from an alleged derogatory remark regarding Hinduism made during an Eid congregation in Kolkata in 2025.

The case was registered following a complaint filed by a local lawyer, Rinki Chatterjee, who alleged that the former Chief Minister’s comments deeply hurt the religious sentiments of Hindus globally.

Legal charges and complaint details

The police have invoked multiple sections under the Bharatiya Nyaya Sanhita (BNS) against Banerjee, including Section 351(1) for criminal intimidation, Section 352 for intentional insult with intent to provoke breach of peace, and Section 353 for promoting feelings of enmity, hatred, or ill will between different communities.

According to the complaint, the controversy traces back to an Eid event organized on Kolkata’s iconic Red Road in 2025. While delivering a speech targeting the Bharatiya Janata Party (BJP), Banerjee purportedly referred to the version of Hinduism championed by the political rival as “Ganda Dharm” (filthy religion).

Chatterjee stated in her complaint that labeling Sanatan Dharma in such a manner at a religious gathering was “absolutely unacceptable”. The complainant also pointed to other instances where senior TMC leaders allegedly targeted Hinduism, adding that Banerjee made indirect threats to the Hindu community during the 2026 West Bengal Assembly election campaign to influence voters through intimidation.

Political responses to the FIR

The reported statements had previously drawn sharp criticism from the state BJP leadership last year, including strong objections from current Chief Minister Suvendu Adhikari. However, this FIR represents the first formal legal action taken regarding the speech.

When approached for a response, Atri Sharma, a lawyer and general secretary of the TMC’s Darjeeling unit, declined to comment officially as a party spokesperson. However, he noted that many within the party internal circles found the remarks inappropriate at the time they were spoken. Sharma acknowledged that holding a high public office required restraint and affirmed that every individual holds the moral right to pursue legal remedies.

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Enforcement Directorate raids former Kerala Chief Minister Pinarayi Vijayan’s residence in money laundering probe

The Enforcement Directorate on Wednesday carried out searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan and 11 other locations in connection with a money-laundering probe registered in 2024.

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The Enforcement Directorate on Wednesday conducted extensive searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan. The action comes as part of an ongoing money-laundering investigation, with the central probe agency executing simultaneous raids at 12 separate locations across the state under the Prevention of Money Laundering Act (PMLA).

Broad Crackdown in Financial Probe

The central agency’s operations focused significantly on Vijayan’s rented residence in the state capital, alongside eleven other locations, including premises in Kochi, Kozhikode, Kannur, and Bengaluru. This major enforcement action was initiated shortly after the Kerala High Court dismissed a petition on Tuesday, which had been filed by Cochin Minerals And Rutile Ltd (CMRL) seeking to quash the ongoing ED proceedings.

The roots of the financial investigation trace back to a PMLA case registered in 2024. The core allegation involves an estimated illegal payment of ₹1.72 crore made between 2017 and 2019 by a private entity, Cochin Minerals And Rutile Ltd (CMRL), to Exalogic Solutions, an IT firm owned by Vijayan’s daughter, T Veena.

According to investigators, the financial transactions took place despite the IT firm allegedly rendering no services to the private company. Apart from the financial probe agency’s scrutiny, the Serious Fraud Investigation Office (SFIO) is also independently conducting an inquiry into the wider financial transactions of the matter.

Political Developments

The searches also covered locations linked to other political and executive figures associated with the matter, including premises connected to senior CMRL executives. While the ruling party has previously described the investigations as politically motivated, the central agency has intensified its probe following the high court’s refusal to grant interim relief to the private firm. The case has sparked intense political debate, with opposition parties using the findings to allege financial irregularities, while local party leaders maintain that the transactions were part of a legitimate business arrangement.

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IPL 2026 Qualifier 1: Rajat Patidar, Virat Kohli shatter playoff records as RCB crush GT to reach final

Defending champions Royal Challengers Bengaluru advanced to their second consecutive IPL final after a historic 92-run demolition of Gujarat Titans in Qualifier 1, powered by Rajat Patidar’s breathtaking 93*

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Defending champions Royal Challengers Bengaluru (RCB) created history in the Indian Premier League (IPL) 2026 Qualifier 1 against Gujarat Titans (GT), sealing their spot in a second consecutive final with a clinical 92-run victory on Tuesday.

Riding on captain Rajat Patidar’s blistering, unbeaten 93 off just 33 balls, Bengaluru piled up a colossal 254 for 5 in their 20 overs after being asked to bat first at the scenic Dharamsala stadium. The monumental total surpassed the previous playoff benchmark of 233 for 3, set by GT against Mumbai Indians in 2023, making it the highest-ever score in IPL playoff history. In response, a ruthless RCB bowling assault dismantled the Gujarat Titans batting line-up, bowling them out for 162 in 19.3 overs.

Patidar blitzkrieg anchors historic RCB innings

After GT skipper Shubman Gill won the toss and opted to field, RCB’s top order asserted early dominance by racing to 76 for 1 within the powerplay. Venkatesh Iyer provided a quickfire 19 off seven balls, while Devdutt Padikkal struck 30 off 19 deliveries to set a brisk tempo.

The foundation allowed Virat Kohli to maintain the middle-order momentum with a fluent 43 off 25 balls. With this knock, Kohli carved out another historic milestone, becoming the first player in IPL history to accumulate over 600 runs in four consecutive seasons. Jason Holder briefly checked RCB’s charge by removing both Kohli and Padikkal in the 10th over to leave them at 99 for 3.

However, skipper Rajat Patidar took complete control from there on. Surviving two dropped catches early on, Patidar launched a brutal counter-attack, smashing five fours and nine towering sixes at an astonishing strike rate of 281.81. He combined forces with Krunal Pandya, who played a crucial anchoring role with 43 off 28 balls, putting together a blistering 90-run partnership. Patidar turned particularly merciless in the death overs, hammering a massive over from Kulwant Khejroliya as RCB finished their death overs on an absolute high.

Gujarat Titans collapse under scoreboard pressure

Faced with a steep mountain to climb, the Gujarat Titans chase imploded right from the start, losing five wickets inside the powerplay against a lethal pace battery. Openers Sai Sudharsan and skipper Shubman Gill were dismissed in the third and fourth overs respectively.

Sudharsan, the tournament’s leading run-scorer, suffered a bizarre and unfortunate dismissal when his bat slipped during a cut shot, knocking back his own stumps to be out hit-wicket off Jacob Duffy. Gill followed shortly after, cleaned up by an excellent delivery from Bhuvneshwar Kumar.

Jos Buttler offered a brief, aggressive resistance by hitting four boundaries and two sixes in a quick 29, but Australian pacer Josh Hazlewood exacted quick revenge by clean-bowling him in the fifth over. From a precarious position, the Titans slipped further as Jacob Duffy tore through the middle order, dismissing Washington Sundar and Rashid Khan.

Rahul Tewatia was the lone warrior for the Titans, waging a solitary battle to smash a fighting 68. His aggressive hitting brought up the team’s hundred in the 13th over and dragged the side past the 150-mark. However, the target proved far too distant. Krunal Pandya claimed the final wicket in the final over, dismissing GT’s tailender Mohammed Siraj—who was caught by Tim David—to bundle out GT for 162, securing the second-largest victory margin in IPL playoff history for RCB.

While RCB marches straight into the grand finale with ultimate momentum, Gujarat Titans remain alive in the tournament. They will get another opportunity to reach the final when they play the winner of the Eliminator clash between Sunrisers Hyderabad and Rajasthan Royals in Qualifier 2.

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