Mumbai: The National Company Law Tribunal on Wednesday cleared the sale of IL&FS's seven wind energy assets to Japan's Orix Corporation for ₹4,800 crore, which will partially help reduce its debt burden of over ₹99,000 crore.
The tribunal comprising V.P. Singh and Rajesh Sharma allowed the government-appointed board's plea to approve sale of 51% stake in seven wind energy arms to Orix.
Orix Corporation is already an equity partner in the group and owns 49% stake in each of these seven operating wind power plants.
The seven wind power SPVs include Lalpur Wind Energy, Etesian Urja, Khandke Wind Energy, Retadi Wind Power, Wind Urja Indiae, Tadas Wind Energy and Kaze Energy.
The company should deposit the fund from the asset sale in an interest bearing account until further, the tribunal said.
Retired Supreme Court judge D.K. Jain had recommended that the proceeds from the sale of these seven assets should be kept in an escrow account.
Last month, IL&FS had said it would completely exit the wind energy business, held under IL&FS Wind Energy to Orix, with the NCLT for final approval.
The proposal was filed before the tribunal after completing a binding share purchase agreement with Orix and obtaining an in-principle approval from all lenders.
Jain had approved the sale on conditions that the proposal would be placed before the NCLT for approval and the bid amount realised from the sale be kept in an escrow account and the money would be disbursed only on the orders and directions of the NCLT/NCLAT.
This intent to buy 51% stake was in exercise of Orix's right under the terms of an existing MoU wherein Orix can match the price offered by the highest bidder for purchasing these assets.
Orix decided to match the offer of the highest bidder, of about ₹4,800 crore for 100% of enterprise value, contemplating no haircut to the debt of the SPVs aggregating to around ₹3,700 crore.
Some of the major lenders in the SPVs include PFC, BoB (working capital), and India Infra Debt.