Tuesday, April 9, 2013

SBI wages war on wilful defaulters

SBI classified 274 companies as wilful defaulters in the year ended 31 March, after pushing 383 into that category in the previous fiscal. Photo: Hemant Mishra/Mint
SBI classified 274 companies as wilful defaulters in the year ended 31 March,
 after pushing 383 into that category in the previous fiscal. Photo: Hemant Mishra/Mint
Live Mint ; Dineshunnikrishnan :Mon, Apr 08 2013. 11 36 PM IST
Lender sharing names with RBI, Cibil; plans to publish photographs of the promoters of these firms in newspapers



Mumbai: State Bank of India (SBI), the nation’s largest lender, is clamping down on wilful defaulters—companies that have failed to repay loans even though they have the capacity to make payments.
SBI, which controls about 20% of the total assets of the country’sRs.75 trillion banking system, classified 274 companies as wilful defaulters in the year ended 31 March, after pushing 383 into that category in the previous fiscal. With this, 657 companies that have defaulted on loans worth Rs.5,700 crore have been branded wilful defaulters in the past two years. About 60% of the defaulters are mid-size corporate firms with an average loan size of Rs.60-70 crore.
SBI began compiling the wilful defaulters’ list in 1999. It has 1,124 borrowers on the list, with Rs.7,315 crore of loans.
Besides sharing the names of the wilful defaulters with the Reserve Bank of India (RBI) and Credit Information Bureau (India) Ltd (Cibil), SBI also plans to publish the photographs of the promoters of the companies in leading newspapers.
Once an entity is classified as a wilful defaulter, the company and its promoters are barred from raising money from other financial institutions. They are also prohibited from floating new ventures for five years.
A bank can classify a firm as a wilful defaulter when the repayment doesn’t happen even when the firm has the capacity to honour the obligations, when money is diverted or siphoned off or the firm disposes of the assets against which the loans were taken, according to RBI norms.
“People cannot take the system for a ride,” said A. Krishnakumar, managing director of SBI. “There will be no compromise in dealing with such parties.”
In March, the government had sent a strong message to the promoters of debt-laden companies that do not repay despite having the means. “We cannot have an affluent promoter and a sick company,” finance minister P. Chidambaram had said.
“This will be a wake-up call for the whole banking sector,” said Abhishek Kothari, an analyst at Violet Arch Securities Pvt. Ltd. “This will be a strong warning for companies who misuse bank money, and an inspiration to other banks to take bold steps on wilful defaulters.”
SBI is the hardest hit by loan defaults among Indian banks. Its gross non-performing assets (NPAs) rose to Rs.53,457 crore, or 5.3% of its loans. In percentage terms, Central Bank of India has higher bad loans (5.64%), but in absolute terms, its gross bad loans are Rs.8,938 crore.

Chronic bad debt

SBI’s stressed assets management (SAM) division, which handles high-value chronic NPAs, plans to steer the recovery process more aggressively, said Soundara Kumar, deputy managing director at SBI. Kumar heads the division, consisting of 15 SAM branches.
Bad loans from SBI’s different business units are moved to SAM when the asset quality worsens.
The quantum of bad debt moved to the SAM division rose to Rs.20,000 crore in fiscal 2013 from Rs.17,000 crore in the previous year. Of the Rs.20,000 crore, about Rs.8,000 crore has been written off.
Aided by the recent amendment in the debt recovery Act, SBI has started bidding in bad assets auctions to scuttle any attempts of cartelization, said Kumar. The bank itself makes bids for such assets to keep fake buyers at bay who cartelize to keep the price low. In recent months, SBI has conducted two such auctions.
If an auction process fails twice, the bank sells such assets through a private treaty, after identifying a buyer.
“We are actively focusing on monitoring to ensure that recovery of assets is done in a time-bound manner,” Kumar said. “The bank is willing to settle such cases through a one-time payment, provided there is no haircut (sacrifice).”
SBI is also encouraging stake sales in companies that have defaulted in clearing bank dues, but are functional. In one such case, Uttam Galva Steels Ltd bought a stake in Lloyds Steel Industries Ltd.
To cut bad debt, SBI plans to sell Rs.150-200 crore of loans to asset reconstruction companies in the current fiscal if it gets the right price, Kumar said. This will be the first time SBI is selling bad loans in the past three years.
Since December, the bank has set up teams of senior officers who have been contacting borrowers for the recovery of bad loans. “About 700-1,000 officers across the country are deployed in such teams. The results are positive as we have seen substantial recovery in the last few months,” Krishnakumar said.
Indian banks are battling bad debt on their books in the face of declining economic growth, projected to grow at the slowest pace in a decade at 5% in the year ended 31 March, clearance delays and high interest rates, which have hampered the ability of borrowers to repay debt.
Bad loans eat into the profits of banks as they need to set aside money for such assets.
Typically, banks try to restructure loans once signs of stress emerge in a high-value loan. This is because banks need to provide a lesser amount for restructured advances compared with what they need to mark for bad loans.
The banking system has so far restructured assets worth about Rs.4 trillion. Analysts expect at least 25-30% of restructured loans to turn bad as the banking regulator’s ability to cut the interest rate is limited due to high inflation and widening current account deficit.
Since April, the Indian central bank has cut its repo rate, at which it lends short-term funds to banks, thrice by a total 100 basis points. A basis point in one-hundredth of a percentage point.
“Both the NPAs and restructured loans are likely to continue in the next few quarters as the overall slowdown persists. But if banks take a cue from SBI and boost efforts to recover bad debts, that can be a big positive for the entire sector,” said Kothari of Violet Arch.
(This story has been modified to reflect the correct designation of Soundara Kumar.)

Tuesday, April 2, 2013

Kingfisher dues: United Bank of India files winding-up petition





In what is being seen as more trouble for the grounded Kingfisher Airlines, one of its creditors — United Bank of India — has filed a winding-up petition against United Breweries Holdings Ltd (UBHL). The petition is pending admission before the Karnataka High Court, it is learnt.
UBHL, which is the holding company of the UB Group, was the guarantor for the loans given by United Bank of India to Kingfisher Airlines (KFA).
United Bank is the first lender in the 17-bank consortium to seek winding up of the guarantor company (UBHL), after KFA defaulted. In comparison, the consortium headed by State Bank of India is looking to proceed directly against KFA for recovery of the dues, estimated at about Rs 7,000 crore.
United Bank of India has an exposure of close to Rs 400 crore to KFA, which includes pre-delivery payment (PDP) financing for aircraft as well as working capital financing.
As UBHL was not able to meet its liabilities arising from non-payment of dues by KFA, United Bank has moved the Karnataka High Court with a winding up petition, sources in the banking industry said.
If the Karnataka High Court were to admit the winding-up petition, then it could frustrate the revival attempts of the grounded airline, say bankers.
This is because the Director-General of Civil Aviation is unlikely to renew KFA’s licence unless the airline is able to produce a no-objection certificate from lenders such as banks and tax authorities. But, with a winding-up petition pending before a High Court, no banker is likely to give a no-objection certificate for the airline to restart operations, say some economy watchers.
There is also an opposite view that any majority support from bankers (on repayment of dues to them) could still tilt the scale in favour of a revival of the airline.

Vijay Mallya moves court against lenders

Mallya’s petition signals that the process of loan recovery could well be fraught with prolonged legal battles for the lenders to the airline. Photo: Mint
Mallya’s petition signals that the process of loan recovery could well be fraught with prolonged legal battles for the lenders to the airline. Photo: Mint

 live Mint :P.R. Sanjai :Tue, Apr 02 2013. 12 40 AM IST

Move aimed to prevent Kingfisher airlines creditors from selling shares in United Spirits, Mangalore Chemicals and Fertilizers


Mumbai: Vijay Mallya’s UB Group, promoter of Kingfisher Airlines Ltd, petitioned the Bombay high court last week to prevent creditors of the grounded airline from selling shares in group companies United Spirits Ltd (USL) and Mangalore Chemicals and Fertilizers Ltd (MCF) that it has pledged as loan collateral.
The petition signals that the process of loan recovery could well be fraught with prolonged legal battles for the lenders to the airline. The petition will come up for hearing on Tuesday.
A consortium of 14 banks with combined exposure of Rs.7,000 crore to Kingfisher Airlines has started selling shares in USL and MCF that Mallya offered as collateral when the airline’s debt was restructured in 2011, according to two bankers who declined to be identified.
“We have started selling the shares. The group has moved court, but we are confident that we will be able to recover part of our money through the sale,” one of the bankers said.
Kingfisher Airlines has been grounded since 1 October, first because of staff protests over unpaid salaries and thereafter because of regulatory issues. Its flying licence expired on 31 December and a revival plan prepared by the airline to start limited operations this summer failed to convince the aviation regulator.
The Directorate General of Civil Aviation (DGCA) would like to see no-objection certificates from airport operators, aircraft leasing companies, certificates of support from maintenance firms and spare parts vendors of Airbus aircraft and salaries paid before the airline can fly again, Mint reported on 16 January, citing a DGCA official who didn’t want to be named.
The move by UB Group to petition the high court indicates the legal uncertainties that creditors of the airline are likely to encounter in the process of recovering the money they are owed.
Mallya did not reply to a query seeking a clarification on the development, but a senior UB Group executive confirmed that a petition has been filed.
For their part, the lenders are preparing to file a petition in a debt recovery tribunal (DRT) against the airline under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act after recalling their loans.
This could happen before the end of this week. The Act allows secured creditors to move a DRT to recover their money.
Recovery cases at a DRT are cleared relatively faster than conventional legal means, but a borrower can move a higher court against decisions by a tribunal.
State Bank of India (SBI), the leader of the creditors’ consortium, has the maximum exposure at Rs.1,600 crore to Kingfisher, followed by Punjab National Bank, or PNB (Rs.800 crore); IDBI Bank Ltd (Rs.800 crore);Bank of India, or BoI (Rs.650 crore); Bank of Baroda, or BoB (Rs.550 crore); United Bank of India, or UBI(Rs.430 crore); Central Bank of India (Rs.410 crore); UCO Bank Ltd (Rs.320 crore); Corporation Bank (Rs.310 crore); State Bank of Mysore, an SBI associate bank, (Rs.150 crore); Indian Overseas Bank (Rs.140 crore);Federal Bank Ltd (Rs.90 crore); Punjab and Sind Bank (Rs.60 crore) and Axis Bank Ltd (Rs.50 crore).
Overall, their exposure is Rs.6,360 crore, with unpaid interest taking it up to Rs.7,000 crore .
Apart from shares in USL and MCF, the lenders hold two UB Group properties in Mumbai and Goa and two helicopters, besides the Kingfisher Airline brand as collateral in addition to a personal guarantee from Mallya.
“We are confident of recovering about one-fourth of our exposure through share sale and sale of properties and helicopters,” said the first banker cited above.
On Monday, USL shares lost 0.45% to close at Rs.1,889.45 each while MCF’s shares rose 13.52% to end at Rs.32.75 on BSE.
Lenders have turned up the heat on Mallya after Diageo Plc of the UK in November agreed to buy a 53.4% stake in USL for Rs.11,170 crore, including an open offer to buy 26% from public shareholders.
Finance minister P. Chidambaram recently called upon banks to aggressively push for the recovery of bad assets and chase the “affluent promoters” of “sick companies”.
There are other lenders to Kingfisher outside the consortium. They are Srei Infrastructure Finance Ltd(Rs.430 crore), Jammu and Kashmir Bank Ltd (Rs.80 crore) and Oriental Bank of Commerce (Rs.50 crore). A debt fund operated by Kolkata-based Srei Infrastructure bought ICICI Bank Ltd’s exposure to the airline in July 2012.
The non-banking financial company and Jammu and Kashmir Bank have shares of USL and McDowell Holdings Ltd as collateral.
Another senior banker, requesting anonymity, said the consortium had empowered a core group formed to recover debt to take legal actions against the UB Group. The members of the core group are SBI, PNB, BoB, BoI, IDBI Bank and UBI.
According to consulting firm Capa, Kingfisher Airlines’ suspension of operations has had a knock-on impact on the global leasing and financing sector, highlighting some of the challenges facing aircraft financiers and lessors in the Indian market, besides raising concerns about regulatory safeguards with regard to international investment in the country.
“The continued delays by the Indian government to de-register Kingfisher-operated aircraft since it suspended operations in October 2012 is also expected to hurt other, still-operational, Indian carriers while also creating the impression that India is not adhering to the Cape Town Convention, of which it is a signatory,” Capa said in a report.
The Cape Town Convention is an international treaty aimed at standardizing transactions involving movable property. In this case, India will have to facilitate smooth transfer of aircraft to owners if an airline defaults in lease rentals.

Thursday, March 28, 2013

Super New web site launched by Advocate Suwarn Rajan



Please visit this Super New web site 
launched by Advocate Suwarn Rajan

Good Thought... Good Site...
Face book and Twitter buttons are missing..

Best Wishes
DRT India
http://drt-india.blogspot.in


http://www.socialsecurityforadvocates.in/


Measures For Social Security of Advocates

Newly Enrolled Advocates
All newly enrolled Advocates be provided Rs.10,000/- per month from date of enrolment till 5 years so that they may establish themselves in the profession.
Advocates Completed The Age of 60
All Advocates who have completed the age of 60 years and be paid a monthly pension of Rs. 30,000/- per month.
Lady Advocates
All lady Advocates be provided with maternity benefits to the tune of Rs.1,00,000/- (Rs.One lakh Only).
Physically Challenged/Disabled Advocates
All physically challenged/disabled Advocates must be provided with disability person to the tune of Rs.10,000/-.
Government Hospitals, CGHS And ESI Services
All Advocates and their family members be extended benefits of Government Hospitals, CGHS and ESI Services and given subsidized treatment in private Hospitals.
New Law For Protection of Lawyers
A new law protecting the lawyers from bullying, threat, intimidation, violence, defamation or any other occupational hazard be enacted providing stringent measures and punishment for wrongdoers and offenders.
Insurance Cover For Advocates
All Advocates be provided with insurance cover of upto Rs.5(five) Lakh rupees by State/Central Governments at no cost and premium.
Ex-Gratia Payment of Rs. 5 (Five) Lakh
In case of unnatural death of an Advocate an ex-gratia payment of Rs. 5 (five) Lakh to be paid next of kin.
Group Housing Societies And Housing Schemes
All Advocates be given 5% reservation in state sponsored/run Group Housing Societies and Housing schemes at subsidized rates.
Day Care For Children of Advocates
In all courts crèches be established to promote day care for children of Advocates.
5% Reservation In Law Colleges And Universities
Children and spouses of Advocates should be given 5% reservation in law colleges and universities.
Rebate of 50%
A rebate of 50% be given to Children and spouses of Advocates should be given in law colleges and universities.
Class I Government Employee Status For Advocates
Advocates be treated at par with Class I Government employee and likewise all facilities available to Class I Government employee be extended to them.
Loan Facility For Advocates
Financial institutions like banks are more often than not reluctant in providing their services like providing of loans, credit cards etc. to Advocates and refuse the same on extraneous and arbitrary considerations, taking shelter of commercial laws and freedom of contract even if one fulfills their laid criteria. Therefore all Commercial laws, Consumer law and Competition Act be amended providing special provisions and exceptions for Advocates and checking the malpractices by Financial institutions.
Establishment of Clerks’ Pool
Since it is not possible for every Advocate to employ a clerk. Therefore in all courts and forums a clerks’ pool be established at the cost of government to discharge clerical duties for Advocates, so that Advocates’ valuable time is not lost in performing petty jobs and they may devote themselves to study and research.

Court stays Rs.2,000 crore tax notice to Nokia India

A file photo of Nokia headquarters in Finland. Tax officials said in an interim report that Nokia should pay `13,000 crore for tax and transfer-pricing violations, The Economic Times reported on 13 January. Photo: Reuters
A file photo of Nokia headquarters in Finland. Tax officials said in an interim 
report that Nokia should pay `13,000 crore for tax and transfer-pricing violations, 
The Economic Times reported on 13 January. Photo: Reuters
Live Mint :Shauvik Ghosh : Thu, Mar 28 2013. 03 03 PM IST

Finnish firm says it has worked in full compliance with local laws, will defend itself vigorously

Mobile phone maker Nokia Oyj’s Indian unit said on Thursday that the Delhi high court had ordered a temporary stay on a tax claim by Indian revenue officials.
The income-tax (I-T) department had asked Nokia India to payRs.2,000 crore towards tax that should have been deduced at source on money the local unit paid as royalty fees to its parent, officials aware of the matter said on condition of anonymity.
“Nokia confirms it has received an order from Indian tax officials. Nokia reiterates its position is that it is in full compliance with local laws as well as the bilaterally negotiated tax treaty between the governments of India and Finland, and will defend itself vigorously,” the company said in a statement. “In this regard, Nokia filed a writ before the Delhi high court last week, and on Friday, 22 March, the court has issued notice to the I-T department to file its counter-affidavit and has granted interim stay of the entire tax demand raised against Nokia till further orders.”
Tax officials said in an interim report that Nokia should pay Rs.13,000 crore for tax and transfer-pricing violations, The Economic Times reported on 13 January. Transfer pricing is the value at which companies trade products, services or assets between units in different countries, sometimes to avoid taxes.
The writers of the report alleged that Nokia’s Indian subsidiary had been downloading software from its parent firm to manufacture mobile handsets at its Sriperumbudur factory in Tamil Nadu. The Indian subsidiary paid royalty on the software, which attracts a 10% tax to be deducted at source.
The tax department in January raided the factory near Chennai and offices of Nokia’s Indian subsidiary in Gurgaon. The Sriperumbudur factory is one of the largest production facilities for the device maker, out of eight in the world. It has manufactured more than 500 million mobile phones in the past five years and employs over 8,000 people.
The tax department questioned officials, also in January, of audit and accounting firm PricewaterhouseCoopers, which scrutinizes the accounts of Nokia India.
“Since establishing the Chennai factory in 2006, indeed since starting business operations in India in the mid-1990s, Nokia has been scrutinized by the authorities regularly, and its policies have been validated by the Indian and Finnish tax authorities in the normal course of tax proceedings,” Nokia said in its Thursday statement. “Nokia remains willing to cooperate fully with Indian tax authorities in accordance with all applicable laws. Nokia has enjoyed a long and fruitful relationship with India, and looks forward to a prompt and just resolution to this matter.”

விகடன் மேடை சந்துரு பதில்கள்





  ஆனந்த விகடன்:03 Apr, 2013


க.ஏழுமலை, கோட்டூர். 

 '' 'சட்டங்கள் இன்னும் கடுமையாக்கப்பட வேண்டும்’ என்கிறேன் நான். அதாவது, அரபு நாடுகளைப் போல் 'பல்லுக்குப் பல்... கண்ணுக்குக் கண்’ என்பது மாதிரி. உங்களுடைய கருத்து என்ன? மெக்காலே அடிப்படையில் உருவான இந்திய தண்டனைச் சட்டத்தில் மாற்றப்பட வேண்டிய அம்சங்கள் ஏதேனும் இருக்கின்றனவா? சீர்திருத்தம் தேவையெனில், என்னென்ன செய்ய வேண்டும்? சுருக்கமாகச் சொல்லுங்கள்?''

 ''சட்டங்களைக் கடுமையாக்கினால் மட்டும் பிரச்னை தீர்ந்துவிடாது. ஊழல் குற்றங்களைத் தண்டிக்க இந்திய தண்டனைச் சட்டம் (Indian Penal code) போதவில்லை என்றுதான், 1971-ல் கடுமையான ஊழல் தடுப்புச் சட்டம் கொண்டுவரப்பட்டது. அதனால் அரசு அலுவலகங்களில் ஊழலற்ற ஆட்சி நடைபெறுகிறதா? கம்பன் வீட்டுக் கட்டுத்தறியும் கவி பாடும் என்பார்கள். அது உண்மையோ, இல்லையோ... ஆனால், அரசு அலுவலகங்களில் உள்ள மேஜை, நாற்காலிகள்கூட லஞ்சம் கேட்காமல் இருக்காது. நீங்கள் சொல்லும் அரபு நாடுகளில் தண்டனைகள் கடுமையாக இருந் தாலும், குற்றங்கள் குறைந்துவிடவில்லை.. 

Wednesday, March 27, 2013

விகடன் மேடை சந்துரு பதில்கள்


 

விகடன் மேடை சந்துரு பதில்கள்!

 ரா.மோகன், கொற்கை. 

''உங்களுடைய மிக எளிமையான நடவடிக்கைகளை, உங்களுடன் பணியாற்றிய சக நீதிபதிகள் எப்படிப் பார்த்தார்கள்? அவர் களிடம் உங்களுக்குக் கெட்ட பெயர்தானே மிஞ்சியிருக்கும்?'' 

''ஓய்வுபெறுவதற்கு இரண்டு மாதங்களுக்கு முன்பு, ஒரு தீவிர அறுவை சிகிச்சை செய்துகொள்ள மருத்துவமனையில் அனுமதிக்கப்பட்டு இருந்தேன். 

என்னுடைய ஏழு வருடப் பணியில் நான் விடுப்பு எடுத்தது அந்த மூன்று வாரங்கள் மட்டுமே. 

மருத்துவமனையிலும் அறுவைசிகிச்சை முடிந்து வீடு திரும்பிய பின்னரும் என்னைச் சந்தித்த நீதிபதிகள் மொத்தம் 11 பேர் மட்டுமே. 

அதே போல் ஓய்வுபெறும் கடைசி நாள் அன்று எனது சேம்பருக்கு வந்து வாழ்த்து சொன்னவர்கள் 10 பேர் மட்டுமே.

 தற்போது ஹைகோர்ட்டில் நீதிபதிகளின் எண்ணிக்கை 47 என்பதை மனதில்கொள்ளவும்!'