PNB receives Rs 24 crore from US bankruptcy proceedings of 3 Nirav Modi-promoted companies: MCA

The Ministry of Corporate Affairs (MCA) on Tuesday said that the Punjab National Bank has received Rs 24.33 crore (equivalent to $3.25 million) as the first tranche of recoveries from bankruptcy proceedings of three Nirav Modi-promoted companies in the US.

Upon liquidation of the debtors’ assets by the US Chapter 11 Trustee, a sum of Rs 82.66 crore (equivalent to $11.04 million ) is available for distribution to unsecured creditors including PNB. Further recovery therefrom is subject to other expenses and settlement of claims of other claimants.

The maiden repatriation is an unprecedented achievement of the MCA in its fight against corporate fraud in the overseas territory. The Ministry also has initiated proceedings for disgorgement of monies from the perpetrators, i.e., the entities promoted and/or controlled by Nirav Modi/Mehul Choksi.

Punjab National Bank Ltd in 2018 had informed the MCA that three companies promoted by Nirav Modi, namely M/s Firestar Diamond, Inc., M/s A Jaffee, Inc and M/s Fantasy, Inc., had filed for Chapter 11 Bankruptcy Protection in the Southern District of New York, US. The PNB requested the MCA to support and join the bankruptcy proceedings in New York, USA in order to help PNB realize its claims in the debtors’ assets.

The US Bankruptcy Court of Southern District of New York, by its order dated July 26, 2018, recognized the claims of PNB in the proceeds of the sale of assets of the properties of the debtor companies. It also authorized PNB to issue subpoenas to compel the examination of Nirav Modi, Mihir Bhansali and Rakhi Bhansali under oath.

Subsequently, on August 24, 2018, the examiner appointed by the New York Bankruptcy Court submitted his report. The report explains the modus operandi of the fraud and the manner in which the US-based employees of the debtors participated in the fraud. One prominent feature of the fraud was the apparent façade of independent companies, which were, in reality, entities promoted and/or controlled by Nirav Modi, that engaged in ‘round-tripping’ of the diamonds amongst themselves.