Subhash Chandra NCLT order: Why the 99.97% haircut claim is misleading
Synopsis
Key Takeaways
The National Company Law Tribunal (NCLT) has approved a personal-guarantor resolution plan for Essel Group founder Subhash Chandra, but government sources say widespread media reporting of a 99.97 per cent haircut on Rs 22,000 crore of bank loans is factually incorrect and misrepresents the nature of the proceedings. The approved personal repayment from Chandra's estate stands at approximately Rs 6.25 crore, but this figure cannot be read in isolation from the broader recovery framework, according to sources.
What the Rs 22,006 Crore Figure Actually Represents
The Rs 22,006 crore is not the amount Subhash Chandra personally borrowed. It represents the total claims admitted against him in his capacity as a personal guarantor for debts incurred by several Essel and Zee-linked companies. Government sources clarify that only around Rs 2,574 crore of those claims relate to loans for which his personal guarantee was given at the time of the original borrowing. The bulk of the guarantees were extended later as additional security — a material distinction that alters the scale of the reported haircut.
The insolvency proceeding itself was initiated after Chandra provided a personal guarantee on a loan to Vivek Infracon from India Bulls. Following default, proceedings were launched against him as a personal guarantor — not against the principal corporate borrowers, who remain separately liable.
The Full Recovery Picture
The approved repayment plan is not limited to Chandra's personal contribution. The plan envisages approximately Rs 1,494 crore in payments from the principal borrowers, in addition to the Rs 6.25 crore from Chandra's personal estate. Creditors also retain recovery rights against securities and other assets of the associated companies. Chandra's own statement, cited by sources, claims that the companies have collectively paid Rs 43,000 crore to creditors to date.
Creditors did contest the plan, pointing to historical net-worth certificates that showed Chandra's net worth at Rs 45,888 crore in 2017 and Rs 40,562 crore in 2018, against a presently disclosed net worth of just Rs 31.79 crore. Several lenders — including LIC Housing Finance, HDFC Bank, Axis Bank, Canara Bank, RBL Bank, and Union Bank — opposed the plan, but the NCLT ruled their objections insufficient to overturn it.
Creditor Approval and NCLT's Role
Notably, the repayment plan was not imposed by the tribunal. It received 80.81 per cent voting support from creditors before the NCLT gave its sanction. The tribunal's role was to assess whether creditor objections warranted overturning a plan that had already secured a supermajority — and it concluded they did not. Recovery efforts against the principal borrowers, securities, and other assets will continue independently.
IBC's Broader Track Record
Government sources emphasised that the Chandra case is an exceptional personal-guarantor resolution and should not be conflated with corporate insolvency outcomes under the Insolvency and Bankruptcy Code (IBC). Creditors have recovered approximately Rs 4.32 lakh crore through approved resolution plans up to March 2026, representing 116.85 per cent of liquidation value and 94.56 per cent of fair value.
Since the IBC's introduction, over 32,000 cases were settled before formal admission into the insolvency process, unlocking assets worth Rs 14 lakh crore — a figure that captures the law's deterrent effect. Net non-performing assets (NPAs) of scheduled commercial banks fell from 5.94 per cent in March 2018 to 0.48 per cent by September 2025, with the absolute amount declining from roughly Rs 5.2 lakh crore to Rs 0.94 lakh crore.
An IIM Ahmedabad study found that firms resolved under the IBC recorded 76 per cent growth in sales, 50 per cent growth in total assets, a 50 per cent increase in employee expenses — indicating higher employment — and 130 per cent growth in capital expenditure. The Chandra case, sources stress, is the outlier, not the template.