http://timesofindia.indiatimes.com/india/sc-make-public-list-of-corporate-loan-defaulters/articleshow/56322793.cms

SC: Make public list of corporate loan defaulters

Dhananjay Mahapatra | TNN | Updated: Jan 4, 2017

HIGHLIGHTS
SC has directed the Centre to provide a compendium of corporate
entities, who owe Rs 500 crore or more to banks, in four weeks
RBI's objections in making names public brushed aside

NEW DELHI: A list of corporate loan defaulters will soon be made
public as the Supreme Court directed the Centre on Tuesday to provide
a compendium of corporate entities, who owe Rs 500 crore or more to
banks, in four weeks. A bench of Chief Justice TS Thakur and Justices
A M Khanwilkar and D Y Chandrachud brushed aside the RBI's objections
in October against making public the list of big loan defaulters,
which was submitted in a sealed cover.

After perusing the list, the bench in October said it appeared 57
debtors had defaulted on repaying around Rs 85,000 crore. If the loan
threshold is lowered below Rs 500 crore, the default amount crosses Rs
1 lakh crore. It is a phenomenal amount. Why should the names of these
defaulters not be made public?" the bench had asked.

Petitioner NGO's counsel Prashant Bhushan has been pitching for
'naming and shaming' big defaulters. The SC had asked RBI: "Borrowers
have taken money from banks and defaulted in repaying the loan. You
call this information confidential? It may affect borrowers but how
does making information public affect RBI?"

The bench of Justices Thakur, Khanwilkar and Chandrachud decided to
put an end to 'sealed cover report' on big loan defaulters and
directed the Centre on Tuesday to file within four weeks "the list of
corporate entities where the amount outstanding is in excess of Rs 500
crore". The court clarified that its direction to the Centre will not
have any co-relation with the functioning of the government-appointed
committee working on streamlining recovery of defaulted loans.

During the hearing, the SC had taken into consideration big loan
defaulters like controversial liquor baron Vijay Mallya, who managed
to flee the country after cocking a snook at authorities. Writing the
judgment for the bench, Justice Chandrachud said Debt Recovery
Tribunals (DRTs) were set up in the country in 1993 after it was found
that by mid-1990s, there were 15 lakh cases filed by nationalised
banks and financial institutions seeking recovery of over Rs 6,000
crore. Between 1993 and October 2015, the tribunals have disposed of
about 1.34 lakh cases leading to recovery of Rs 70,725 crore. At
present, over 70,000 cases were pending in DRTs involving recovery of
nearly Rs 5 lakh crore.

Though recovery of such large amount is at stake, most of the 34 DRTs
did not have basic infrastructure and manpower leading to thousands of
cases pending for more than 10 years. The bench said the chairperson
of Debt Recovery Appellate Tribunal at Allahabad wrote a letter to the
CJI on December 9 saying the absence of infrastructure and facilities
forced him to resign. The SC said it was symptomatic of each DRT,
which suffers from lack of manpower and resources.

The bench directed the Centre to file an affidavit detailing a
"specific action plan including time-schedules within which the
existing infrastructure (of DRTs) would be upgraded so as to achieve
the time-frame of 180 days for disposal of claims".
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