The RTI application was filed by Borivili resident Richie
Shoaib Sequeira on the directions of the Bombay high court.
Thursday, chief justice Swatanter Kumar and Ajay Khanwilkar,
while hearing his PIL, directed that notices be issued to Union of India,
RBI and other banks. The court also directed Sequeira to make the
state crime investigation department a party to the PIL.
The matter will come up for hearing on October 15.
At the last hearing, the HC had asked Sequeira to invoke
RTI or any other law to gather details from the banks.
Sequeira had filed a PIL, saying there has been no strict
vigil by the finance ministry and RBI while writing off loans
by the banks and the Debts Recovery Tribunal (DRT) had
failed to recover the debts. The RBI, finance ministry,
law ministry and DRT have said that in their replies they have
no records of the write-offs and one-time settlements
between the borrowers and banks.
The PIL also said that no rules have been framed by the
finance ministry while writing off loans by the banks,
which smacks of corruption. Some of the banks in their
replies have said that the write-off is done in accordance
with the guidelines framed by the board of directors.
During a debate in the Lok Sabha in 2002, the then
finance minister Jaswant Singh had described the NPA menace as a loot.
The banks which refused to disclose details about the
defaulters include SBI its associates, Union Bank, Bank of Baroda,
Central Bank of India, Dena Bank, Andhra Bank,
Oriental Bank of Commerce, Syndicate Bank and Indian Overseas Bank.
Banks like Corporation Bank, UCO Bank, BoI and Allahabad Bank
refused to reply to the RTI questions.
The banks mostly approach the DRT, attach assets
under the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act or go in
for a one-time settlement to recover whatever dues they can.
The DRT, set up for expeditious adjudication and recovery
of debts owed to banks and financial institutions, recovered
just 32% of the total outstanding amount in the period 2001-07.
In the case of State Bank of Travancore, in the period
2003-2008, of the Rs 10,162 crore claimed by the bank,
it has recovered only 15%. Another 50% of the claims is
yet to be decided. In the one-time settlement, the bank
has forgone another Rs 800 crore.
Dena Bank has managed to recover only Rs 725 crore
of the Rs 151,85 crore for the period 2003-2008.
And the bank has foregone another Rs 950 crore as
part of one-time settlement in the period 2006-2008.
the case of Oriental Bank of Commerce, the bank has
foregone Rs 1353.5 crore in the last four years.
Union Bank of India has recovered only Rs 3,261.5 crore
of the Rs 7,623 crore in the period 2006-08.
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