Friday, October 12, 2012

Bad debt situation may improve by fiscal-end: SBI

SBI expects its credit to grow at 15-18% this fiscal year and sees retail loans, which includes housing and auto loans, growing by 18-20%. Photo: Hemant Mishra/Mint
SBI expects its credit to grow at 15-18% this fiscal year and sees retail loans,
 which includes housing and auto loans, growing by 18-20%. 
Photo: Hemant Mishra/Mint

Mint : Dinesh Unnikrishnan & P.R. Sanjai  :Thu, Oct 11 2012. 04 27 PM IST


The bank has been restructuring stressed accounts and expects a major part of such loans to turn good


Mumbai: State Bank of India (SBI), the country’s largest lender, is not worried about the downgrade of its stand-alone credit profile by rating agency Standard & Poor’s (S&P) and expects its bad debt situation to improve in fiscal 2013.
S&P downgraded SBI’s stand-alone credit rating to “BBB-” from “BBB” on Wednesday citing asset-quality concerns.
The downgrade is not a major concern as it constitutes only a “small part of the overall rating”, said S. Viswanathan, the bank’s newly appointed managing director.
The bank is hopeful that it can “improve its NPA (non-performing assets) situation towards the end of this fiscal even though there is stress visible from some segments like textiles, power and aviation,” Viswanathan told reporters in Mumbai on Thursday.
The bank expects its credit to grow 15-18% this fiscal and retail loans, which includes housing and auto loans, to rise 18-20%, said managing director A. Krishna Kumar.
NPAs from education loans, at around 7% of the bank’s total loans to the segment, are a concern, Kumar said. “Though there is stress from the education loan segment, it continues to be a focus area for SBI,” he said.
The bank has been restructuring stressed accounts to facilitate repayment and expects a major part of such loans to turn good. But it estimates at least 15-20% of the restructured assets to slip into NPAs.
SBI is also exploring whether it can restructure its exposure to crisis-ridden, wind-energy provider Suzlon Group, which is currently facing a default of $260 million to bondholders in overseas bonds.
The group has an overall exposure of Rs.14,000 crore to the banking system, out of which that of SBI isRs.3,500 crore. The loan has not turned bad as yet, said SBI deputy managing director and head of corporate lending Santosh B. Nayar.
Suzlon is working out restructuring options and various banks are in talks with it for such a plan, he said.
“Suzlon has got a very large order book; they are continuously flowing with orders. This is a field where a lot of the investors are interested in. If the finances are set right, obviously they could attract other investors also,” Nayar said.
Suzlon can also look at the option of merging with its European subsidiary, RE Power, to manage the debt situation, Nayar said.
“Company also has a very good subsidiary in Europe—RE Power, which is practically debt free and has got huge cash balances… Suzlon needs to leverage the RE Power balance sheet and probably in the long run merge these two operations. Because when they merge these two operations, the profitability of the whole group can go substantially higher using India’s lower cost of production,” Nayar said.
SBI has provided fully for its exposure to the aviation sector and is in discussion with Kingfisher Airlines Ltd to recover its loans. The firm is expected to draw up a revival plan by the end of this month, Viswanathan said.
The lender’s exposure to Kingfisher is about Rs.1,500 crore, while that of all banks to the carrier is Rs.7,500 crore. The account has turned bad.
“We will explore all possible methods to recover the money from Kingfisher Airlines,” Viswanathan said.
According to another senior banker, who did not want to be named, lenders expect founder Vijay Mallyato infuse equity into the airline by month-end.
Kingfisher Airlines rose 4.8% to Rs.12 on Thursday after 2.6 million shares changed hands on BSE, according to Thompson Reuters data. The identity of the buyers and sellers aren’t known. The stock ended flat at Rs.11.45, while the benchmark Sensex rose 0.93% to 18,804.75 points. SBI ended 1.87% up at Rs.2,268.75.
Kingfisher Airlines is likely to extend its lockout for a second time and has suspended ticket sales until 20 October. The top management is in talks with striking employees to convince them to return to work.
Kingfisher Airlines, which declared a lockout until 12 October, had been selling tickets for flights from 13 October onwards, when the Directorate General of Civil Aviation (DGCA) asked it to stop doing so on Tuesday.
The regulator has asked the airline to submit a revival plan before it resumes flights.
Analysts said the stress on SBI’s loan book is expected to continue for a few more quarters until there is a pick-up in economic activity.
“SBI continues to be a proxy for the overall economy. Though there are positive sentiments emerging from the recent government steps, it is yet to translate into any palpable improvement at the ground-level economic situation,” said V. Sri Karthik, analyst at Mumbai-based brokerage Espirito Santo Pvt. Ltd.
“This, in turn, will mean that it may take a few more quarters for SBI before significantly improving its NPA situation,” Karthik said.
dinesh.n@livemint.com

Saturday, October 6, 2012

Smt.Kalpana Masur V/S KSFC and anr





A.IR:914/2009


Record of proceedings on 5.10.2012 in  IA 41/2012(waiver): 

 Ld. Counsel Shri K.A.Ramakrishnanappearing on behalf of the petitioner stated that the petitioner has complied with the conditional order of this Tribunal and also obeyed the order of theHon’ble High Court of Karnataka and that the respondent bank has issued a fresh sale notice and that in view of the pendency of this IA and that in view of the  compliance of the conditional order of this Tribunal and the order of the Hon’ble High Court of Karnataka the bank should be restrained from proceeding further with the sale.  Ld. Counsel prayed that interim order may be passed restraining the Authorized officer from proceeding further under the provisions of the SARFAESI Act. 

Ld. Counsel ShriBalasburamaniam appearing on behalf of the respondent bank stated that nothing survives in this matter and that the petitioner did not comply with the conditional order of this Tribunal dt 26.3.2010 and that the Hon’bleHigh Court of Karnataka was pleased to quash the sale notice dt20.3.2010 and that this petition warrants only a dismissal as the petitioner has not complied with the conditional order dt23.10.2010. Heard both sides.

 It is seen that this Tribunal by order dt26.3.2010 in IA No.41/2010 in AIR No.914/2009 directed the petitioner to deposit a sum of Rs.7.00 lakhsinto this Tribunal on or before 29.3.2010 and a further deposit of Rs.30.00 lakhs into this Tribunal on or befoe29.4.2010. 

 It is also seen that the petitioner has deposited Rs.7.00lakhs on 29.3.2010 and that thereafter the petitioner approached the Hon’bleHigh Court of Karnataka and that the Hon’bleHigh Court of Karnataka by order dt 30.3.2010 in WP No.10632/10 directed the petitioner to pay a sum of Rs.5.00lakhs into this Tribunal within 8 weeks and that the petitioner accordingly deposited the said amount of Rs.5.00 lakhs into this tribunal.  

It is further seen that later theHon’ble High Court of Karnataka was pleased to allow WP No.10632/2010 and quashed the sale noticedt 20.3.2010.    It is also seen that the petitioner has not complied with the conditional order of this Tribunal dt26.3.2010  and that theHon’ble High Court of Karnataka was also pleased not to stay the said order of this Tribunal.  Therefore in view of the fact that the conditional order passed in this IA on 26.3.2010 has not been complied with by the petitioner this tribunal is driven to dismiss this IA. 

 Accordingly this IA is dismissed for non compliance of the conditional order of this Tribunal dt 26.3.2010.  It is further directed that the Registry shall send whatever sums of money that have been deposited into this Tribunal in this case along with accrued interest to the first respondent viz. the KSFC on or before 6.11.2012 for appropriation into the loan account of the petitioner. IA 42/2010 (stay);  IA 41/2010 is dismissed.

  Hence this IA is also dismissed. IA 1011/2012(stay); R2 has been given up.   R1 has filed its counter. However IA 41/2010 is dismissed for non compliance of the conditional order dt26.3.2010.  Hence this IA is also dismissed.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on5th Oct 2012

M/s.MOH Leathers P ltd and ors V/S Indian bank



A.IR:967/2010

Record of proceedings on 5.10.2012 in IA 1590/2010 (waiver):  No representation for the petitioners.  Petitioners are called absent.  

Ld. Counsel ShriBalasubramaniam appearing on behalf of the respondent bank stated that the conditional order of this Tribunal dt 17.8.2012 has not been complied with by the petitioners and that therefore this IA has to be dismissed for non compliance of the conditional order dt17.8.2012. 

 This IA is dismissed for non compliance of the orderdt 17.8.2012. IA 1591/2010 (stay);  IA1590/10 is dismissed. Hence this IA is also dismissed.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on5 th Oct 2012

Dr.Zubaida Begum and anr V/S Indian Bank & anr




A.IR:779/2009

Record of proceedings on 5.10.2012 in IA 1378/2009 (delay):

  Ld. Counsel Shri  Balasubramaniam  appearing on behalf of the respondent bank stated that the delay cannot be condoned in cases of appeals filed under Sec.18 of the SARFAESI Act as per the orders of the Hon’bleHigh Court of Madras passed on 28.8.2012 in WP Nos. 13456/2012, 8381/2012 and 12970/2012 and that this IA should be dismissed in obedience to the orders of theHon’ble High Court of Madras.

  Ld. CounselShri A. Periasamy  appears on behalf of the petitioner.

 Heard the Ld. Counsel for the respondent bank. It is seen that the Hon’bleHigh Court of Madras has held on 28.8.2012 in WP Nos. 13456/2012, 8381/2012 and 12970/2012 thatcondonation of delay does not arise in  cases of  appeals filed under Sec.18 of the SARFAESI Act.  

 This tribunal being bound by the orders of the Hon’bleHigh Court of Madras is therefore driven to dismiss this IA.

 Accordingly this IA is dismissed. IA 1215/2009 (stay) :  IA 1378/09 is dismissed. Hence this IA is also dismissed.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on5th Oct 2012

Friday, October 5, 2012

Banks to release funds to KFA on humanitarian grounds: SBI




Money Control :Fri, Oct 05, 2012 at 18:41




State Bank of India today said Kingfisher lenders have decided to release funds to the debt-ridden airline on "humanitarian grounds" considering that its employees have not been paid for the past seven months.


State Bank of India  today said Kingfisher lenders have decided to release funds to the debt-ridden airline on "humanitarian grounds" considering that its employees have not been paid for the past seven months.

"The money that has been released by the tax authorities, 80 percent of that will be made available to the company on humanitarian grounds, specifically to pay salaries of the employees," SBI Chairman Pratip Chaudhuri told reporters here.

     
Sources had said bankers after an emergency meeting yesterday had agreed to release funds from escrow accounts, which is likely to fetch up to Rs 60 crore for the carrier. SBI heads the consortium of 17 lenders to the crippled
carrier. Chaudhuri, however, did not divulge the total quantum of the money banks were having.
     
Collectively, the 17-bank consortium has Rs 7,000-crore outstanding to the Vijay Mallya-promoted airline. The SBI chief said that he does not know how much of a solace this would offer. "I don't know how adequate that (the
release of money) would be."

The wife of a Delhi-based technician of the airline, which has been grounded since Sunday following a strike by its engineers and a section of pilots, allegedly committed suicide yesterday due to the financial troubles in the family and blamed the airline for it in a suicide note.

The Aviation Ministry and the sector regulator DGCA have been insisting to keep the fleet grounded unless concerns around safety and wages are solved.

The striking employees have been asking for an immediate payment of salary for three months out of the total seven months outstanding for resuming duties.

Chaudhuri said the only way forward for the banks is to be patient and wait for Mallya to get an investor. "Banks are still giving time to Mallya to get an investor. Because if we pull the plug it would be irretrievable. And if we are
patient with him, possibly there is a chance he would revive."

"If we pull the plug now then all possible investors would also walk away. Having waited for so long we might as well wait some more time," Chaudhuri said.

Export Import Bank of India V/S Vintage Foods & Industries ltd & ors




M.A:316/2008


Ld. Counsel Shri Srinivasan appearing on behalf of M/s NVS Associates for the appellant bank  drew the attention of this Tribunal to the order of the Ld. Presiding officer, DRT, Bangalore dt 3.11.2008 passed in IA no.1746/2008 and stated that the order is liable to be set aside as the order is passed based on assumptions and presumptions of the Ld. Presiding Officer and that grave injustice has been done to the bank which is entitled to get about more than Rs.21.00 crores by the dismissal of this IA. 

 Ld. Counsel further stated that whatever is found in paragraph 3 of the order is not based on any material on record  and that the order is perverse and that the same is liable to be set aside.  Ld. Counsel emphasized the need for an opportunity to be given to the bank to put forth its case in  OA No.326/2002 and added that the Ld. Presiding officer has erred in shutting out the bank from establishing its case in the said OA and that the order dt 5.8.2008 dismissing OA No.326/2002 is equally bad.  

Ld. Counsel prayed that the order passed in IA No.1746/2008 be set aside and that the bank be provided with the opportunity to put forth its case in OA No.326/2002 and also prayed that the order of the Ld. Presiding officer imposing a cost of Rs.5000/- may also be set aside.

Ld. Counsel Shri Dhanraj appears on behalf of respondents 1 to 3.  R4 is already called absent.  There is no representation for R5. R5 is  called absent.

Heard the Ld. Counsel for the appellant and the Ld. Counsel for R1, R2 and R3.  R3 and R5 have chosen not to be present.

In view of the fact that the appellant bank has to be afforded a proper opportunity to put forth its case in OA No.326/2002 and establish the liability of the defendants it would be appropriate if the following order is passed.

“The order of the Ld. Presiding officer, DRT, Bangalore dt3.11.2008 passed in IA No.1746/2008 in OA No.326/2002 is hereby set aside and OA No.326/2002 is directed to be restored to file. The imposition of cost of Rs.5000/- is also hereby set aside. The Ld. Presiding officer is directed to take up OA No.326/2002  and proceed with the OA and dispose of the same in accordance with law within a period of three months from today.”

This MA is disposed of accordingly.

The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on27th Sep 2012

N.Anandraj rep by Power agent T.G.Nagarajan V/S Standard Chartered Bank & ors




M.A(S.A):43/2012


Ld. Counsel Shri Swaminathan appearing on behalf of the transfer petitioner stated that whatever allegations that have been made in the affidavit are being withdrawn and prayed that this Tribunal may transfer the SA from DRT-II, Chennai to any other tribunal of competent jurisdiction to enable him to do the case effectively.

Ld. Counsel Shri Sheik Ismail appearing on behalf of the respondent bank drew the attention of this Tribunal to the allegations made in the affidavit and stated that it is unbecoming on the part of the litigant to make such allegations against the Ld. Presiding officer, DRT-II, Chennai and that the litigant has made such allegations just for the purpose of delaying the recovery process.

Heard both sides.  R2 and R3 are given up.

In view of the facts and circumstances of the case more particularly in view of the fact that the allegations made in the affidavit have been withdrawn by the Ld. Counsel ShriSwaminathan appearing for the transfer petitioner and in view of the fact that the SA has to be disposed of at the earliest the following order is passed.

“1)  SA No.117/2011 on the file of DRT-II, Chennai is hereby transferred to DRT-I, Chennai.

2)      The Ld. Presiding Officer, DRT-I, Chennai shall take up the proceedings in the said SA No.117/2011 at the stage where it was lying i.e. at the stage of arguments and shall fix the arguments within the first two weeks of October, 2012 and hear the arguments.

3)      After hearing the arguments within the time specified above the Ld. Presiding Officer shall proceed to pass final orders on or before 31.10.2012.

4)      Ld. Counsel Shri Swaminathan appearing on behalf of the transfer petitioner is requested to cooperate with the tribunal below and not to take any adjournment for the purpose of arguments which is to be scheduled on or before 15.10.2012.

5)      The Authorised officer shall stand restrained from in any way proceeding any further under the provisions of the SARFAESI Act in any manner till 31.10.2012.

6)      The Registry, DRT-II, Chennai is directed to transmit the records to DRT-I, Chennai on or before 4.10.2012.”

This MA(SA) is disposed of accordingly.


The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on27th Sep 2012