New Delhi: Dissatisfied with the finance ministry reply on the steps to address rising NPAs, the Supreme Court sought RBI’s response on its role in regulating public sector banks on the non-recovery/ one-time settlement/write offs. A bench headed by Justice DK Jain, while issuing notice to RBI, also asked MoF to file a fresh affidavit stating how it would enforce RBI circulars to monitor banks exercising discretion to enter into one-time settlements. Earlier, it had issued a notice to the ministry on a PIL filed by Shoaib Richie Sequeira, who runs an NGO, alleging that no guidelines are in place on writing off loans the debt recovery tribunal has failed to recover. Shoaib had earlier urged the Bombay HC to look into the public money foregone in write-offs and one-time settlements. Counsel R Chandrachud, appearing for the petitioner, argued that no vigil was maintained by the finance ministry and RBI while writing off loans. He pointed out that the absence of regulation had led boards of directors to misusing their powers. The petitioner also sought constitution of a high-powered panel to take steps to recover debts due to PSU banks, besides a panel of experts to formulate guidelines in this regard.The ministry had replied that RBI has framed norms and put in mechanisms to deal with recovery process so discretionary powers were kept in check. The affidavit filed by Rajiv Sharma, under secretary, MoF, had said that pursuant to the circular of July 28, 1995 prescribing guidelines in respect of compromise and negotiated settlement, each bank had framed its own loan recovery policy. Even other circular of October 2007 had stipulated that banks and FIs while entering into compromise should ensure that the net present value of the settlement amount should not be less than the net present value of the realisable value of the securities. Even the Government of India had also prescribed the powers and limits of the CMDs and executive directors of nationalised banks for sanctioning write-offs, the affidavit had stated. Even RBI had framed a master circular dated July 1, 2011 defining willful defaulters, directing constitution of grievance redressal committees by banks and FIs, dealing with diversion and siphoning of funds and prescribing penal measures, the ministry said, adding that a scheme of corporate debt restructuring has been put in place and larger number of compromise settlements through lok adalats are being done. However, the ministry said that it was not feasible to micromanage and scrutinise every such settlement. It further said that out of the total reduction in NPA of R8,022 crore during 2009-10 by SBI, R2,059 crore was actually recovered, R 3,972 crore was on account of upgradation of accounts and R1,990 crore was on account of write-offs.
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