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ED widens scrutiny of possible irregularities in IBC proceedings

India's Enforcement Directorate announced an expanded probe into alleged procedural lapses within the Insolvency and Bankruptcy Code framework, targeting several high‑profile corporate restructurings. The step threatens to alter the speed and certainty of distressed asset resolution.

The Hindu BusinessSeptember 17, 20261 min read
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ED widens scrutiny of possible irregularities in IBC proceedings
The Strategic Consequence
In the coming year, tighter enforcement is likely to raise the cost of borrowing for distressed firms, prompting a shift toward alternative restructuring mechanisms.

The Concrete Rupture: The ED issued a notice that it will re‑examine the conduct of insolvency professionals and creditors in at least five recent cases where asset valuation appeared inflated. Audits of transaction records and communication logs have been ordered. The Underlying Tension & Institutional Friction: The move pits the ED against the Insolvency and Bankruptcy Board, which defends the code’s autonomy, while business chambers warn of a chilling effect on credit markets. Political factions are also leveraging the issue to score points on corporate governance. The Downstream Casualties & Tangible Outcome: Investors are demanding higher risk premiums on distressed‑debt instruments, and several pending insolvency filings have been stalled pending clearance, slowing capital recycling in key sectors such as steel and textiles.

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