Friday, December 27, 2013

Over a debt repayment Standard Bank consultant leaves Mongolia after detention












Bloomberg  
 Last Updated at 00:32 IST

Standard Bank Group consultant 
Chris Bradley who was detained inMongolia amid a dispute with a local company over a debt repayment said he left the country and arrived in his native New Zealand.

Chris Bradley departed Mongolia on December 19, he said on Monday by phone from Auckland. Bradley was part of a five-person team from Africa's biggest lender that visited Ulaanbaatar last month to seek talks with the government on $131 million in loans to Just Group LLC, a holding company, two people familiar with the matter said earlier this month. The people asked not to be named because they weren't authorised to speak publicly.

Standard Bank is cooperating with the Mongolian authorities and "believes it is inappropriate to comment any further," Kate Johns, a spokeswoman for the bank, said on Monday by e-mail.

Ross Linstrom, a spokesman for the bank, confirmed on December 4 Bradley hadn't been allowed to leave Mongolia and said Standard Bank was cooperating with the Mongolian authorities.

Standard Bank alleges the loans are in default and filed a lawsuit in July in a London court seeking repayment.

Standard's loans were made between 2007 and 2010 to Just Group to fund raw materials supplies and debt repayments at state-controlled Erdenet Mining Corp and Ulaanbaatar Railways, according to a document obtained by Bloomberg News.

Bradley said by phone on Dec. 2 that he had been due to depart Mongolia on Nov. 29, but was "restricted by the authorities from leaving." Bradley said he was advised of his situation by local police and that he was a suspect in an investigation. Tugsbayar Nasankhuu, a captain in the National Police Agency's Press and Information Division, declined to comment on Dec. 4.

Bradley, a native of Hokitika, New Zealand, said this month he worked as an employee of Standard Bank from 1999 to 2001, and has consulted on a contract basis for the bank over the last nine years, including five visits to Mongolia since May.

3i Infotech plans to sell assets to pay back 20-30% of its debt




























The new management of 3i Infotech, a midcap software services firm, has its task cut out: To bring the company back on a growth track.

The management plans to repay at least 20-30 per cent of itsdebt by selling some assets.

The new management headed by Chief Executive Madhivanan Balakrishnan and Chief Financial Officer Charanjit Attra are now focused on sales growth. The company’s performance was hit as it defaulted on some of its foreign currency bond payments.

3i has restructured debt of Rs 1,300 crore, at 14.75 per cent rate of interest. The company had converted the rupee loan into a dollar loan of $215 million at an interest rate of 6.5 per cent plus three-month London interbank offer rate. “This reduces our cash outflow for interest payment to Rs 80-100 crore per year from the earlier Rs 250 crore,” said Attar.

Funds through these bonds were raised by the company for acquisition. “I do think the current situation of the company was partly due to the debt raised for acquiring companies. And, then integrating these businesses. There were certain acquisitions that were not a correct fit for us. In 2008-09, the company did plan to take these debts and convert into long-term bonds. But the slowdown dried our financing plans and we were hit badly,” said Attra.

Till 2009, the company had acquired about 40 firms.

Attra added the management plans to sell some of the non-core businesses, amounting to 20-30 per cent of the loan amount, to repay the debt in the next 18-24 months. One of the acquisition the company has identified to sell is Locuz, which it acquired in 2008.

Business Standard had first reported 3i Infotech for divesting majority stake in Locuz

The inability of the company to convert its foreign currency convertible bonds into equity or make a repayment to bond holders also impacted business. Attra agrees this hurt their sale cycles that were extended to five-six months from three earlier. “But it’s good to share that we now see our sale cycles back within three months,” he added.

Additionally, the company has a FCCB repayment worth $93 million that matures in 2017. The interest rate for this is over five per cent. “We started at around $125 million around 18 months ago and we have got this down to $93 million as bond holders have turned part of their bonds into equity,” said Attra.

With the board giving a mandate to the management to bring the company back to black, Attra and the management team are focused on growing its top line at a compounded annual growth rate of 10-15 per cent for the next five years and get its earnings before interest, taxes, depreciation and amortisation in the 20 per cent range. He claims that the company has relaunched a few of its products in both the Indian and European markets. “We recently won a large deal in the BFSI space,” he added.

Thursday, December 26, 2013

Deccan Chronicle running out of options after BIFR rejects application

DCHL running out of options after BIFR rejects application
Deccan Chronicle Holdings can contest BIFR’s decision. Photo: Mint
Live Mint ;26 Dec 2013

DCHL may have to consider selling parts of the business after BIFR refused to declared it a sick company
Hyderabad: Debt-laden publisher Deccan Chronicle Holdings Ltd (DCHL) received a setback after the Board for Industrial and Financial Reconstruction (BIFR) rejected its application to be declared a sick company, saying it withheld crucial information and misrepresented itself as an industrial entity, leading once again to uncertainty about its future.
BIFR declined DCHL’s application under the Sick Industrial Companies (Special Provisions) Act, 1985, as the company is primarily engaged in publishing newspapers, which is not considered a manufacturing activity under the Industries (Development and Regulation) Act.
“Although the company is primarily in the business of newspaper, it had filed the reference showing its business to be that of printing, which was completely misleading and factually incorrect,” V.P. Bhardwaj, secretary, BIFR, said in an order dated 21 November. Financial news website Moneylife reported the development on Saturday.
The decision means DCHL is running out of options to keep its lenders at bay and may have to consider selling parts of the business. Being declared a sick company would have given it protection from the creditors while it tried to revive itself. Several creditors have asked for DCHL to be wound up so they can recover their dues.
DCHL can contest BIFR’s decision, but it wasn’t immediately clear if it plans to do so. Aides at the offices of chairman Venkattram Reddy and vice-chairman P.K. Iyer said they were out of town. An email sent to Iyer on Tuesday did not elicit a response till the time of going to press.
BIFR also said DCHL in its application concealed an ongoing probe by the Central Bureau of Investigation (CBI) against its chairman, and did not disclose an inquiry by the ministry of corporate affairs for alleged violations of the Companies Act.
It also pulled up DCHL for misrepresenting the quantum of its securities seized under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act.
BIFR said it found that a “large number” of secured creditors and asset reconstruction companies—India Bulls Financial Services LtdCanara BankKotak Mahindra Bank LtdState Bank of IndiaJM Financial Asset Reconstruction Co. Pvt. LtdPegasus Assets Reconstruction Pvt. Ltd andIDFC Ltd—had initiated steps to recover their dues under the Sarfaesi Act, contrary to DCHL’s claim that action had been taken only on 9.78% of its securities.
A company cannot refer itself to BIFR once its financial assets have been acquired by a securitization or a reconstruction company under the Sarfaesi Act.
“By going to BIFR you are getting shelter from all creditors. That’s the principal benefit…For the board to make a decision, to make up its mind, it has to have all the relevant information,” said Sujjain Talwar, partner at legal firm Economic Laws Practice.
Analysts say the rejection of DCHL’s application bodes well for its secured lenders.
“Now the pressure from the lenders would resume and might even increase,” said Satish Kantheti, head of equity research at Hyderabad-based broker Zen Securities Ltd. “Secured lenders are relatively better placed than unsecured lenders. Those who have security will be able to act and get some possession. The others have a problem.”
An official with a private bank with exposure to DCHL said the publisher’s loans were taken out of the lender’s books two quarters ago. “Some of it has been given for asset restructuring. A significant amount was also recovered,” this official said.
Hyderabad-based Andhra Bank, which lent Rs.200 crore, refused to comment on the implications of BIFR’s ruling. An official of the bank, on condition of anonymity, said the bank has started taking possession of properties pledged to it as collateral under the Sarfaesi Act.
Talwar said DCHL can appeal against the BIFR order with an appellate body, or contest the order by filing a writ petition in a high court and then a special leave petition in the Supreme Court.
DCHL, which has Rs.3,777 crore of debt on its books, had already suffered setbacks in debt recovery tribunals and other legal forums. An earlier option to explore corporate debt restructuring also failed.
Kotak Mahindra Bank recently secured permission from the Andhra Pradesh high court to sell DCHL’s Kondapur press if the management fails to settle dues to it by 28 February. Last week, the Supreme Court refused to entertain a plea by DCHL against the high court order, PTI reported.
“They need to reach some sort of compromise with lenders. Whether the lenders will agree for a compromise is another big question,” said Kantheti of Zen Securities.
The promoters of DCHL re-mortgaged the same assets with different banks to avail loans, leading to legal contests between some lenders. IDBI Bank Ltd and Axis Bank Ltd, for instance, are sparring over who has ownership to DCHL’s titles—Deccan ChronicleFinancial ChronicleAsian Age andAndhra Bhoomi.
HT Media Ltd, publisher of Mint and Hindustan Times, competes with DCHL in some markets.

Wednesday, December 25, 2013

HC holds father-son duo guilty of contempt of court, sends them to jail for six months



RAGHAV OHRI : I E : Chandigarh, Tue Dec 24 2013, 04:15 hrs

PEEVED with the "consistent contemptuous conduct" of two residents of Panchkula, a father-son duo, the Punjab and Haryana High Court has imprisoned them for six months, holding them guilty of contempt of court.

The two after having "defaulted" on a loan not only "misbehaved" with a lawyer, an officer of the court, but also "manhandled" officers appointed by a lower court to prepare an inventory of the stock lying in the factory owned by the two contemnors.

The court has also taken strong note of the "misconduct" of the duo with the presiding officer of the Debts Recovery Tribunal (DRT) and concealing material facts from the High Court.

A division bench headed by Justice Hemant Gupta has come down heavily on Rajinder Kumar Chauhan and Ravi Chauhan for their "cumulative misconduct". The "unconditional" apology tendered by the duo did not cut ice with the bench which dubbed it "technical apology with a view to evade consequences of thee proceedings".

Interestingly, the father-son duo had also thrown challenge to the jurisdiction of the High Court wherein they had argued that the DRT "is not a court subordinate" to the High Court. Proprietors of M/s Raj Transmission Engineering Limited, the two had raised a loan of over Rs 26 crore from Allahabad Bank in 2009.
Since they "defaulted" on loan, a notice was served by the bank in July 2011 for securitisation and reconstruction of financial assets. Aggrieved, the duo moved the DRT challenging the notice wherein the bank moved an application for appointment of a local commissioner and other officers for making an inventory of machinery, stocks and other goods in the factory. A lawyer and other officers were appointed for the task by the DRT.
The Local Commissioner (a lawyer), in his report given to the DRT, submitted that the day he and other officers visited the factory, the duo misbehaved with him and manhandled other officers. The commissioner submitted that the two also made adverse remarks against the presiding officer of the tribunal and compelled the officers to delete the pictures from their cameras taken by them as evidence. It was also submitted that they were roughed up by the employees of the duo.
Following this, the contemnors moved an application before the presiding officer stating that they "were not getting natural justice" and that they were "not satisfied with the intention of the Tribunal". Recording the "disrespect" shown to him, the presiding officer recused from the case. The two then moved the High Court without disclosing the fact that their application against the prosecution was dismissed by the tribunal.
Dismissing their original petition, a division bench had taken note of the misconduct and initiated criminal contempt of court proceedings. Awarding six-month imprisonment, the court has also slapped a penalty of Rs 2,000 on the two.

Sting Operations, Bad Loans Hit All from SBI to Yes Bank

Published: 24th December 2013 04:03 PM
Last Updated: 24th December 2013 04:03 PM
From the largest lender SBI to the youngest Yes Bank, the nation's banks were fined for violating regulatory norms after sting operations exposed chinks in their armour.
The year 2013 saw the Reserve Bank of India (RBI) nudge banks to not only improve customer services and reduce bad loans but also look at plugging loopholes in the regulatory system ahead of the entry of new banks.
The much-awaited guidelines for new banks were released by the RBI, which will provide licences to some of the 25 applicants in the coming year.
Initially, 26 entities evinced interest in entering the banking arena. Tata Sons, the holding company of the Tata group, withdrew last month, leaving 25 players in the fray. Tata Sons pulled out a couple of months after Venugopal Dhoot's Videocon withdrew its application.
Mahindra & Mahindra, which initially showed interest in entering the sector, didn't apply, citing "disadvantageous" and unclear norms.
Public sector entities India Post and IFCI and the private sector Anil Ambani Group, Aditya Birla group and Bajaj Finserv submitted their applications on July 1.
RBI Governor Raghuram Rajan had said he hopes to announce the new bank licences within, or soon after, the term of Deputy Governor Anand Sinha, which expires next month. Sinha has been shepherding the process.
During the year, allegations of money laundering were levelled by news portal Cobrapost against three leading private sector lenders -- ICICI Bank, HDFC Bank and Axis Bank -- prompting the Reserve Bank to initiate an enquiry.
In its second expose, the portal accused 23 leading banks and insurance firms of "running a nationwide money-laundering racket, blatantly violating laws of the land."
The entities named in the expose included State Bank of India, LIC, Punjab National Bank, Bank of Baroda, Canara Bank, Reliance Life, Tata AIA, Yes Bank, Indian Bank, Indian Overseas Bank, IDBI Bank, Oriental Bank of Commerce, Dena Bank, Corporation Bank, Allahabad Bank, Central Bank of India, Dhanlaxmi Bank, Federal Bank, DCB Bank and Birla Sun Life.
The portal alleged the financial entities offered to open bank accounts and lockers without following Know Your Customer (KYC) norms, convert black money into white and obtain fictitious PAN cards.
After investigations, Rs 49.5 crore of fines were imposed on 22 banks, including SBI, PNB and Yes Bank, for violating KYC or anti-money laundering norms. Cautionary letters were issued to seven, including Citibank and Stanchart.
During the year, banks, especially public sector lenders, continued to grapple with rising non-performing assets (NPAs), which were flagged by the government and the RBI to bank heads on several occasions.
In September, the gross NPAs of all banks crossed 4 per cent of total advances. They had risen to Rs 2.37 lakh crore from Rs 1.83 lakh crore in March 2013.
Public sector banks alone had gross NPAs of Rs 2.03 lakh crore at the end of September. The SBI group had accumulated gross bad loans of Rs 76,162 crore.
The top 30 bad loan accounts of public sector banks accounted for more than one-third of their gross NPAs.
"The ratio of top 30 NPAs as a percentage of gross NPAs, in respect of public sector banks, as on September 2013 is 35.5 per cent and for all banks it is 38.8 per cent," Finance Minister P Chidambaram had said.
The gross NPA amount of the top 30 accounts of public sector banks stood at Rs 72,174 crore, while for all banks it was Rs 91,667 crore at the end of September.
In the case of nationalised banks, the top 30 bad loans contributed 43.8 per cent to gross NPAs with Rs 55,663 crore. Blaming state-run lenders for the high level of NPAs, Chidambaram had said bank boards, and not the government, should be held responsible for the situation.
"If the bank boards cannot perform their duty, blame should stop with the bank boards and not with the government," he had said.
To curb NPAs, the government advised banks to take a slew of new initiatives, including appointment of nodal officers for recovery, special drives for recovery of loss assets and setting up of a board-level committee to monitor recovery.
Besides, the RBI has proposed measures to provide lenders incentives for early identification of problem cases, timely restructuring of accounts that are considered viable and taking prompt steps for recovery or sale of unviable accounts.
It also proposed penalising borrowers with higher interest rates for future loans if they do not cooperate in resolution.
As per a recent RBI discussion paper, to improve the restructuring process, independent evaluation of large value restructuring is mandated with a focus on viable plans and fair sharing of losses between promoters and creditors.
To protect the interests of customers, the RBI banned zero per cent interest rate schemes for purchase of consumer goods through credit cards. No additional charges can be levied on debit card payments.
The RBI directed banks not to impose a fixed fee for sending transaction SMS alerts to customers.
"With a view to ensuring reasonableness and equity in the charges levied by banks for sending SMS alerts to customers, banks are advised to leverage the technology available with them and the telecom service providers to ensure that such charges are levied on all customers on actual usage basis," the RBI said.

Axis Bank moves tribunal to recover debt from Gopinath






















Raghuvir Badrinath  |  Bangalore  
 Last Updated at 00:46 IST

 Within months of the State Bank of India initiating an aggressive stance to sell a sprawling residential property of G R Gopinath for non-payment of dues, another lender — Axis Bank — is escalating the process to recover close to Rs 265 crore from him.
The bank, which has been in various stages of discussions with the Air Deccan founder over his grounded air logistics foray under Deccan Cargo and Express Logistics, has now moved the Debt Recovery Tribunal () in Bangalore. The DRT has issued summons to Deccan Emerging Business Ventures, a group company of Deccan Cargo after Axis Bank instituted recovery applications under Section 19 of the Recovery of Debts due to Bank and Financial Institutions Act for recovery of close to Rs 265 crore.

Gopinath, whose venture was grounded during mid-2011 had borrowed the bulk of the Rs 500 crore from SBI, Axis Bank and Syndicate Bank. SBI, on its part during August, managed to recover close to Rs 35 crore from sale of a sprawling property in the hub of Central Business District of Bangalore to publicly-held realtor Sobha Developers. SBI has an exposure of close to Rs 260 crore in Deccan Cargo.

Gopinath is understood to have raised close to Rs 500 crore debt for Deccan Cargo and close to Rs 135 crore from Reliance Industries through the equity route. “While the concept of connecting industrial towns to cities through the air cargo route had immense potential, the execution did not fall into place, as a result of which the venture went into a tailspin and had to be suspended,” a senior industry analyst explained.

Various financial institutions have been getting pretty aggressive in recovering outstandings from a clutch of business houses after the Reserve Bank of India as well as the finance ministry urged financial institutions to hasten the process of curtailing the ballooning non-performance assets.

The State Bank of India-led consortium off late has been active in recovering as much as Rs 7,000 crore of dues from another Bangalore-based company UB Group's grounded Kingfisher Airlines.
 

Tuesday, December 24, 2013

How to tackle the pile of bad loans

How to tackle the pile of bad loans
RBI wants banks to act fast and decisively in tackling bad loans. Photo: Pradeep Gaur/ Mint
Tamal Bandyopadhyay :Live mint:22 Dec 2013
One hopes that RBI can break the cosy relationship that bankers and corporate borrowers have developed on treatment of bad loans
Now that the Reserve Bank of India (RBI) is pushing for an early recognition
 of financial distress and prompt steps for resolution and recovery of bad 
assets, will analysts rush to re-rate public sector banks that have the
 highest pile of bad loans? It’s unlikely to happen soon as the proposed 
norms deal with new bad loans and not the stock and do not give any 
handle to bankers to address issues on which they have no control. 

For instance, infrastructure firms that have been badly hit by project delays constitute a large chunk of bad loans. About 215 projects worth Rs.7 trillion have been held up, according to a finance ministry estimate. Indeed the government has initiated steps to speed up the process but progress has been slow. The RBI norms can help bank refrain from restructuring aKingfisher Airlines exposure, but bankers can do little when projects are stuck because of delays in getting clearances from various agencies and loans are turning bad.
RBI wants banks to act fast and decisively in tackling bad loans. It plans to set up a central repository of information on large loans to collect, store and disseminate to date. The repository will have data on all loan accounts worth Rs.5 crore and above. Both banks and large non-banking companies will contribute credit information to the repository. This database will come in handy for the proposed joint lenders’ forum, which RBI wants the banks to set up. The platform will be particularly helpful for multiple banking arrangements. Unlike consortium lending, where all lenders are on the same page, in multiple banking, a rogue borrower can take the lenders for a ride as terms and conditions of different exposures could be different. Another critical aspect of RBI’s discussion paper of bad loan resolution—which will come into effect in January—is the formation of an independent evaluation committee that will vet all loan restricting of Rs.500 crore and above prepared by the corporate debt restructuring (CDR) cell. The India Banks’ Association, a bankers’ lobby, will set up the evaluation committee in consultation with RBI.
Overall, RBI wants to give incentives to banks for their promptness to spot a bad loan and initiate the recovery process fast and penalize them for their callous approach by making them set aside more money to take care of the pile of bad assets. Corporate borrowers will need to have more skin in the game. The victims of a slowing economy will be treated with dignity but wilful defaulters will have no place to hide. Finally, asset reconstruction companies will be encouraged to play a more active role and private equity funds may get an opportunity for leveraged buyouts of stressed assets.
RBI has been progressively tightening the rules for loan recasts to prevent misuse of the facility by companies. For instance, in May, the central bank had said promoters must provide a personal guarantee in all cases of restructuring and a corporate guarantee could not be accepted as a substitute for a personal one. Promoters also had to bring in a minimum of 20% of the loan amount that a bank would forgo in such a recast, or 2% of the total restructured debt, whichever is higher.
For restructured loans on their books in May, banks needed to increase provisions to 3.5% of restructured loan value with effect from 31 March and 4.25% with effect from 31 March 2015. One year after that, effective 31 March 2016, all provisions on restructured loans would increase to 5%. For loans restructured after 1 June, the provision was increased to 5% of the loan amount. The new norms will jack up the provision requirement manifold in cases where banks are found sleeping over their bad loan pile.
The gross bad assets of all listed banks rose close to 37% in the September quarter from a year earlier to Rs.2.29 trillion from Rs.1.67 trillion. Even after setting aside money, their net bad assets were up close to 51%—from Rs.85,000 crore to Rs.1.28 trillion. On top of this, banks have restructured some Rs.2.72 trillion loans through the CDR platform. This, however, does not include those loans that have been restructured bilaterally. The collective amount of such loans could be as much as the loans restructured at the CDR cell. That we have not seen the worst of bad loans as yet is evident from the fact that in October restructuring cases worth Rs.22,000 crore were referred to the CDR forum after Indian banks added an identical amount to the restructured loan pile in the three months ended 30 September. In the June quarter, aboutRs.20,000 crore of loans were recast and in March quarter, another Rs.15,000 crore.
One hopes that RBI is able to break the cosy relationship that bankers and their corporate borrowers have developed over the years on treatment of bad loans and loan recasts, as both sides benefit from such arrangements. While corporations ensure an uninterrupted flow of money, banks manage to make their balance sheets look healthy. On top of this, most government-owned banks lack both credit appraisal and monitoring expertise. Short tenure of the chairmen of state-run banks, which account for about 70% of banking assets in India, also contributes to this. Typically, a chairman with a two-year tenure spends his first year in cleaning up the balance sheet by identifying all bad assets and setting aside money for them, but the second year is spent hiding such assets as every boss wants to retire on a happy note. Unless these issues are addressed, it’s not easy to tackle the menace of bad loans, particularly when the economy is not in the pink of health.
Tamal Bandyopadhyay keeps a close eye on everything banking from his perch as Mint’s deputy managing editor in Mumbai. He is also the author of A Bank for the Buck, a book on HDFC Bank.