Monday, January 6, 2014

Ganguly resigns as Bengal rights panel chief: TV reports





Hindustan Times  Kolkata/New Delhi, January 06, 2014
First Published: 17:49 IST(6/1/2014) | Last Updated: 18:55 IST(6/1/2014)


Retired Supreme Court judge Asok Kumar Ganguly, who has been accused by a former law intern of sexual harassment, on Monday resigned as chairperson of West Bengal's human rights commission, TV channels reported quoting unnamed sources.
 
Ganguly met West Bengal governor MK Narayanan in Kolkata and gave his resignation letter after weeks of pressure from activists and civic society groups, said CNN-IBN and Times Now.
 
Ganguly, chairperson of the West Bengal Human Rights Commission (WBHRC), had last week quit as guest faculty of the National University of Juridical Sciences.
 
He has denied the charges levelled by the woman.
 
Leaving the Raj

Bhavan around 5.30pm, he refused to utter a word about what happened inside. He waved away mediapersons jostling around his car.
 
The 62-year old retired justice, best known for the 2G verdict that cancelled 122 telecom licenses, is facing a Presidential reference according to a decision of the Union cabinet on January 2.
 
According to rules, if the President feels so he will refer the matter to the Supreme Court that would conduct a fresh inquiry to find out whether Ganguly is guilty or not.
 
On November 29, the Supreme Court had named Ganguly as the judge who allegedly sexually harassed a law graduate who was interning with him.
 
A panel set up by the Supreme Court in December had found that prima facie there was evidence was against justice Ganguly, but advised that "no follow up action" was required against him because he had retired.
 
In a blog post in November, the woman had accused a judge — without naming him — of sexually harassing her in a Delhi hotel on December 24, 2012, when she was interning with him.
 
The woman alleged that while the nation was seething in rage over the horrific Delhi gang rape a few days earlier, she herself had been a victim of "assault". "For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather."
 
 
Justice Ganguly :
 
Appointed permanent judge of Calcutta high court on January 10, 1994, Ganguly went on to serve as chief justice of Orissa and Madras HCs
 
Became an SC judge on December 17, 2008; retired on February 3, 2012
 
Delivered 568 verdicts during his tenure in SC
 
His strong observations in 2G case forced DMK’s A Raja to resign as telecom minister in November 2010
 
Important verdicts: Cancelled 122 2G licences, gave back 156 hectares land to agitating Greater Noida farmers, fined Maharashtra govt Rs.10 lakh after concluding then CM Vilasrao Deshmukh had influenced police against registering FIR against an MLA

We will see additions to NPAs and restructured assets: Chanda Kochhar

We will see additions to NPAs and restructured assets: Chanda Kochhar
ICICI Bank managing director Chanda Kochhar says that if the system decides
 to get into a decision-making mode, then the investment climate can change
 even before the 2014 elections. Photo: Abhijit Bhatlekar/Mint

Tamal Bandyopadhyay  |  Joel Rebello : Mint :6 Jan 2014


C handa Kochhar, managing director and chief executive of India’s largest private lender, ICICI Bank Ltd, says it might take a year to kick-start capital investments. The recovery is going to be slow, but things will not deteriorate from the current level as the economy has bottomed out, Kochhar said in an interview on Friday. The banking industry will continue to see additions to bad and restructured assets, she said.
At ICICI Bank, her mantra is to combine growth with profitability and reach 18% return on equity. Edited excerpts:
Your corporate loan book grew at a slower pace in the September quarter. Give us a sense of the investment climate in India.
The situation with the corporates is such that a lot of their investments in the current projects are not generating cash flows. So either project implementation has got delayed or the projects have got implemented but last mile linkages—whether it’s raw material or any other approval—has not come and, therefore, while investments have been made, the cash flows have not been generated. The current focus of all the corporates is to complete these projects fully, see the cash flows out of these projects, and only after that can they think of the next round of capital investments. No one is really focusing on the next round of investments; the focus is on getting the current projects to generate cash flows.
When will this change?
It depends on the pace of decision-making in the country. What we have to ensure is not just count the number of clearances that we are giving but see for one project to be fully complete how many clearances we need and can we make sure that one by one we give those clearances. It’s difficult to say how long it will take—all depends on how fast we take those decisions and start getting these projects on a running track.
People still believe in the growth story of India and the fact that if they invest their products will be consumed; but there are a lot of uncertainties in implementing the projects in terms of how long it will take for approvals to come and how long their existing projects will take to start generating cash flows. So we need to improve the pace of decision-making and bring existing projects to completion and only then people will start thinking about the next round of investments. I don’t think that will happen in one or two quarters; we are probably a year away before the next round of capital investments.
Do you see any change in the environment in the past few months?
I clearly think that as far as economic growth is concerned, we have bottomed out, and I do see some positive changes. Agriculture is definitely doing better; the export-oriented industries are doing better in terms of revenue and profits. We have got a control on the current account deficit by curbing import of gold. As far as fiscal deficit is concerned, there is a clear determination to say that we will meet the numbers. The question now is how fast can we recover and I think at the current pace, our recovery is going to be slow. But we should not deteriorate from here.
Will elections play a critical role in changing the investment climate?
What really can make the change is the pace of decision-making. If we have to wait for elections for decision-making to change, then so be it; but, technically, there is no need to wait for elections. Frankly, if the system decides to get into a decision-making mode, then it can happen even before elections.
Your retail loan book is growing at a healthy pace. Once you were a retail bank but you conceded the pace to others. Do we a repositioning of ICICI Bank?
Instead of comparing ourselves with the past or our peers, I would say that what we are following today is a sustainable profitable strategy. We want to follow a path of growth which will give us sustainable profits. In that context, we have really ramped up the growth in retail. In fact, our growth in retail assets has exceeded 20%. In retail, we have grown our marketshare from 7-8% to 11-12%. We are balancing our growth with profitability and we believe that we will continue to grow a little faster than the industry growth rate, may be 2-3 percentage points faster because at that growth it gives us the balance of being market leaders and, at the same time, not sacrificing on profitability.
Talking about growth, when you took over as CEO in May 2009, your return on equity (RoE) was less than 8%; you have almost doubled it to 15%. You have said that you want to raise it to 18%.
Our journey on RoE had two phases and the first phase was to double it. Having successfully reached there, I have set the next aspiration of taking the 15% to 18%. It would probably take two-and-a-half to three years but, again, in the current situation, I would not like to put a specific time frame because if our GDP (gross domestic product) grows at 8%, banking industry can grow at 22% and we can grow at 25% and our journey to 18% RoE can be much faster. But if GDP grows at 5%, the industry grows at 12-13% and it will be foolish for us to say that we will grow at 22% and achieve that 18% RoE. We will follow the growth path that the environment allows us to do and with that we will reach 18%.
Our return on assets (RoA) at 1.75% is among the best in the industry.
You are back to the growth path after consolidation. At one point, ICICI Bank had an obsession about scale. You wanted to become a Chinese bank in terms of market cap and assets.
We will grow but not by sacrificing profitability and we will focus on RoE. Once we have RoE, market cap comes on its own.
In the past, you were in the market almost every alternate year to raise capital.
Post-2008, capital is one of the most scarce resources for banks. We have followed a path to conserve capital and we will grow at 1.75% RoA. We had the option of growing much faster because our capital adequacy was healthy, but that would have meant lower profitability. We will use the capital only profitably and not just for the sake of growth and that will ensure that our capital adequacy remains very healthy. A promise I had made to shareholders was that I will not come back for capital till we get to 15% RoE and we have achieved that.
I still have no need to go back in a hurry to shareholders for capital; we still have capital available to allow us to grow in the next few years. We also have our capital lying in our subsidiaries where we have created value. So I think our focus right now is to say that we are very comfortable on capital, let us focus on profitability, let us generate as much return on capital that we can and not burn up the capital in a hurry.
What about your subsidiaries in insurance and investment banking? At one point, you were considering taking them to the market.
The idea still remains that at some point we will monetize some amount of holding in these subsidiaries. Whether we do it by listing or by offering our shares to a strategic investor depends on the guidelines at that point of time. Since we are not in dire need of capital, and also I don’t think the market is in a position that will give optimum values for these businesses, we are not in a hurry to take that step. We will take that step whenever we think the market gives optimum value for these investments. Even for insurance, while for the strategic investor we need a change in regulations, nothing stops us from listing the company. So, again, it’s our call.
Will bad assets continue to increase?
I think the banking industry will still see additions to restructured assets and NPAs (non-performing assets). Our restructured plus bad assets is about 4.5%. When I say that the economy has bottomed out, it does not mean that for the banking industry the addition to NPAs and restructured assets has bottomed out because the impact on GDP growth comes on the banking assets only with a lag. There are projects which are not generating cash flows, there are companies facing shortages of cash flows because they have lots of receivables from government departments, state electricity boards, etc. There are various reasons for which many companies are wanting to need the restructuring support. We will still see additions to NPAs and restructured assets. For sometime, they will go up.
How are you tackling the situation?
Our quality of assets is still relatively better placed because we saw the stress in corporate assets and started focusing more on retail assets. Secondly, even within corporate assets, we have been very selective in project lending. While we see every project that takes place in the country, our approval ratios are much lower. So we do not have any gas-based power project in our portfolio, except for Dabhol, because we were never sure about the gas allocation and the gas pricing policy of the government. In that sense, our selection of projects also has been more prudent.
Thirdly, we have been able to take steps to recover monies wherever we thought we needed to.
Yes, you sold your Kingfisher Airlines Ltd loan before actually it turned bad.
I don’t want to discuss any specific loan account.
About 75% of your new branches are in rural India. At one point in time you burnt your fingers in rural lending. Do you see it as a compulsion for financial inclusion or a business opportunity?
We believe there is business opportunity there because growth is actually trickling down. Even to do financial inclusion and to do priority sector advances, we are better off doing it directly through the bank rather than through intermediaries. That’s why the focus is to set up branches, have products that are required for these people, and create different channels through which you can serve them.
What is the size of your rural banking business?
The size of the value is still small but if you look at our no-frill accounts, the number of those accounts is almost equal to our number of urban accounts. We have about 22 million urban customers and 17 million no-frill accounts, built in the last two years. We have actually ramped up no-frill accounts faster than any other bank, public or private sector, but these accounts have less than Rs.100 balance in them. So in terms of value of deposits, it will be very small but we are looking at this as a first step to gradually do transfer of subsidies to these accounts through Aadhar linkage; then all remittances will happen through these accounts. We will build some credit history. We have to get these people used to not just opening accounts but keeping money in the account, start remitting, then start lending to them and then micro-insurance... It is just the beginning.
Your net interest margin, or NIM, is close to an all-time high and low-cost current and savings accounts, or CASA, is around 40%. Have you reached saturation point on both this critical financial parameters?
We will try to maintain CASA ratio at 40% because at that level we will still achieve profitable growth. As far as NIM is concerned, we are striving to achieve at least another 10-20 basis points increase from last year to get to around 3.5%, which will be a peak. One-fourth of our assets are still global, where we can do more tightening in the cost of funds and achieve some growth there.
Your global business is static at 25%.
The focus or strategic importance of the international business still stays, in the sense that there are Indian clients who have global requirements. There are also global clients who want to set up base in India and need banking relationship in India. But what has changed is the regulatory environment in almost all countries and, therefore, the scope for us to do those various businesses that existed in the past is a little limited today. Keeping that in mind, we have calibrated our growth rate. What every international geography wants is while we do the India-related business, we should be doing the local business as well. We don’t think we have the bandwidth to understand that market. So the path that we have chosen is to keep the growth rate lower of what the regulators are comfortable with and still keep it profitable.
Your first five-year term as CEO comes to an end in April. What’s the new thing you want to do in the next five years?
As I look at the next five years, the most important thing would be not to lose any of the strength we have created because the environment is such that there will be pressures on NIM, cost ratios and fee income. The first thing is to not sleep on our laurels but to make sure we sustain them. We have to aspire for the next step of 18% RoE; it should not take five years though.
What’s your biggest concern?
The biggest concern is the volatile environment. We have created enough strength to tackle the stressed asset issue that the industry is facing. The most important thing for me is to say that every day the environment changes—so the challenge is to keep calibrating the next step to be in line with the environment. Even as we say we will grow at 20%, the issue is to calibrate the components of growth.
Four quarters ago, our major growth was coming from corporate assets; but then, you have to gradually calibrate it by saying that we have to slow corporate growth and we have to grow retail and still achieve 20% growth. The outside world may just see 20% growth but internally a lot of changes have happened. Similarly, within retail, we were growing commercial vehicle business; but when we saw stress there, we slowed that but continued to grow housing and auto loans and achieved 20% growth.
ICICI Bank always looked for M&A opportunities in banking. With new banks being set up, do you see a change in landscape?
I will still look for opportunities. Talking about new banking licences, for the medium-to-long term, there is enough business for everyone to grow but, at the same time, to be able to grow profitably in banking is not easy because you need the brand, competitiveness, network, products, and people. Everybody who can get them right will find enough opportunities to grow.
We will have to focus on strengthening our fundamental strengths so that we find our ways to grow. As new players come in, you will see war on talent and extremely competitive pricing; but these are short-term phases that any industry goes through.

Banks seek leeway from RBI




















Manojit Saha & Abhijit Lele  |  Mumbai  
 Last Updated at 00:59 IST

Say 30 days not enough to resolve stress; 
want higher provision norms deferred 
till economy picks up

Bankers seem to be finding it difficult to implement the Reserve Bank of India's (RBI's) new guidelines on identification and early resolution of stress, though they admit the move is in the right direction and will bring discipline among corporate borrowers as lenders.

Lenders have sought more time from the banking regulator, as they feel the 30-day stress-resolution norms are a bit too stringent. According to them, at least 60 days will be required to firm up the resolution mechanism, known as the Corrective Action Plan (CAP).

RBI's discussion paper on early recognition and resolution of financial distress has recommended that banks come up with a CAP in 30 days under a joint lenders' forum (JLF).

FEELING THE SQUEEZE
RBI’s proposals
  • Lenders’ panel: Early formation of a lenders’ panel with a deadline to resolve the issue
  • Incentives: For lenders agreeing to a plan — collectively and quickly
  • Provision: To be accelerated if no agreement is reached
  • Future trouble: Expensive future borrowings for those not cooperating with lenders in resolution
  • NPA sale: Lenders could spread losses on sale over two years
  • More Parties: Sector-specific companies/private equity firms encouraged to play active role in the stressed asset market

Bank of India Chairperson & Managing Director V R Iyer welcomes the proposal of having a definite timeline for bankers to act. "But the suggested timeline (30 days) to firm up a package is too stiff," she tells Business Standard.

"Banks have to conduct audits, such as receivables audit, viability audit and forensic audit, before working out on package. These cannot be done within suggested timeframe. It needs at least two months to complete work," she adds.

The CAP involves rectification - that is, obtaining a specific commitment from the borrower to regularise the account within a specific time period, without involving any loss or sacrifice on the part of the existing lenders. It includes restructuring and recovery of stressed accounts.

At present, banks are not very prompt in working on proposals, especially when that involves a large number of lenders. Each bank takes its own time and, at times, it takes even six months to finish the work.

According to bankers, their views has been conveyed to RBI through the Indian Banks' Association (IBA). "This move will bring all bankers together at an early stage for the formation of a joint lenders' forum. We will also conduct workshops to take the idea forward. This will ensure smooth implementation of the initiative," said IBA Chief Executive Mohan Tanksale.

IBA has sought time till the end of the month - RBI had wanted a feedback on the proposals by January 1 - to convey its overall views. RBI is keen to implement the proposals by the end of the financial year.

Another issue bothering the banks is the proposal on accelerated provisioning. The central bank has proposed higher provisioning if banks fail to report their stressed-asset status early or resort to deferring NPA classification.

They are to face a higher provisioning requirement if they fail or decline or delay implementation of debt recast, as agreed in JLF.

"The present macro conditions - characterised by a long spell of low economic growth, sharp rise in pool of stressed assets and a higher burden of credit costs - are not conducive for accelerated provisioning," says a senior executive of a public-sector bank.

Bankers say there is a trend of minority banks (those with limited exposure to a particular borrower) often not wanting to participate or putting roadblocks in the proposed debt recast plan.Banks have made a request to the regulator to defer the accelerated-provisioning requirement by six-nine months, or till the economic activity picks up.

Those involved in the turnaround exercise for companies, on the other hand, say this is the right time to introduce accelerated provisioning. Nikhil Shah, senior director at Alvarez & Marsal India Pvt Ltd, the Indian arm of a US-based firm specialising in turnaround management and corporate restructuring, says it is feasible in India. It should be introduced now to mandate banks to recognise problem early and deal with it.

When it comes to pushing for a change in management at companies that are NPAs or are undercorporate debt restructuring packages, bankers are receptive.RBI is has been talking about it. It is difficult to bring management change. But, it could act as a pressure point. In the process, we may get professional advisory firms to ensure promoters do not use delay tactics, says Bank of India's Iyer.

























Thursday, January 2, 2014

More trouble for Mallya: Will a probe unravel mysterious money transfer?

FP Jan 1,2014
The Karnataka High Court order that annulled the sale of United Breweries Holdings' United Spirits stake to Diageo may be opening up a Pandora's box for Vijay Mallya.
According to a report in the Business Standard today, the order that was passed on 20 December has also sought an investigation into a murky transfer of Rs 4000 crore to tax haven British Virgin Islands before the stake deal happened
The company judge had approved the sale of UBHL's nearly 7 percent stake in United Spirits without investigating the serious allegations raised by lenders to grounded Kingfisher Airlines, the high court has said.
The lenders had submitted to the high court that the diversion of funds was not in their interest. The UB group has told the company judge that the transfer was done as part of the acquisition of Whyte & Mackay, but lenders have contested this claim saying there is no supporting documents for this, the report said.
The high court, however, has come down heavily on the company saying that it has not approached the court "with clean hands and the transaction in question is not bona fide". It has sought an investigation into the money transfer.
According to the article, UBHL had earlier promised the banks to pay back debt from the proceeds of the stake sale but instead of following through, the company went ahead and sued the banks in various courts.
Apart from the investigation into the diversion of funds, the Karnatake HC also set aside a share pledge made by UB with brokerage and finance companies last year, in the run up to the Diageo deal.
In a recent press release, the All India Bank Employees Association had said Kinfisher Airlines owes Rs 2673 crore to public sector banks and had ranked it the top defaulter.

CCI nod for sale of Mallya-owned distillery in Chennai


Through the acquisition, the promoters of EEPL are planning to enter the business of manufacturing the India-made foreign spirits.





The deal involves transfer of USL’s entire undertaking, business activities and operation of its unit at Poonamalle, Chennai. The unit is a distillery for manufacture of Indian-made foreign spirits (IMFS) to EEPL by way of slump sale. The sale consideration was estimated to be Rs 125-crore.

The distilling plant has a capacity for one-million cases a month, and it was acquired by USL nearly five years ago from Balaji Distillers. It was reported that USL was operating this plant at around 55 per cent capacity thus being a drain on the company.

Enrica would make certain IMFS brands of USL using technology and know-how and under the trademark of USL, according to a franchise agreement signed on December 4, 2013, along with the master sale agreement between the two companies.

Pursuant to the agreement, Enrica will bottle USL's brands and in consideration for this bottling arrangement, USL will earn a royalty income.

In the order, the CCI said: “Considering the facts on record, the details provided under the Act, the Commission is of the opinion that the proposed combination is not likely to have an appreciable adverse effect on competition in India and therefore the Commission hereby approves the proposed combination.”

While the Mallya-promoted USL is a listed company, EEPL, which is a private entity, is promoted by Spurthi Holdings Pvt Ltd, Viki Investments and Properties LLP and Sree Shyam Sayi Investments and Traders Pvt Ltd. The private entity has diversified business interests and now proposes to enter the business of manufacturing IMFS through this acquisition.

RBI grants new status for CCIL



















BS Reporter  |  Mumbai  January 2, 2014 Last Updated at 00:21 IST\

CCIL is authorised and supervised by RBI under Payment and Settlement Systems Act, 2007

Reserve Bank of India (RBI) granted the status of qualified central counterparty (QCCP) to Clearing Corporation of India Ltd (CCIL) in the Indian jurisdiction on Wednesday.

CCIL has qualified as a QCCP in view of the fact that it is authorised and supervised by RBI under the Payment andSettlement Systems Act, 2007.

“CCIL is also subjected, on an on-going basis, to rules and regulations that are consistent with the Principles for Financial Market Infrastructures issued by the Committee on Payment and Settlement Systems and International Organisation of Securities Commissions,” RBI said.