Till now the rate of interest payable by banks to the depositors/claimants on the unclaimed interest-bearing deposit amount transferred to the DEA Fund has been maintained at the rate of 4% simple interest per annum.RBI vide its circular RBI/2017-2018/191 dated June 07, 2018 communicated to all the banks that the rate of interest payable by…
President Mr.Ram Nath Kovind on Wednesday (June 6, 2018) gave assent to promulgate the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018. The Government in its statement said that the changes envisioned in the amendment are expected to further strengthen the Insolvency Resolution Framework in the country and produce better outcomes in terms of resolution as…
The ordinance passed by Government of India on Wednesday (June 06, 2018) to Insolvency and Bankruptcy Code (IBC) treats home buyers in ailing real estate companies on par with banks in the resolution process. The new IBC ordinance tags the buyers of home buyers with financial creditors which empowers even a single home buyer to…
RBI extends relief to all MSMEs that was till now only available to GST registered MSMEs having credit facilities up to Rs.25 Crores to repay loan up to 180 days (as against 90 days) without being classified as NPAs. In order to enable other MSMEs for their transition to formalised sector (MSMEs) and also keeping…
Beside the policy decision to hike the Repo rate by 25 bps, RBI on Wednesday (06.06.2018) revised the housing loan limits for priority sector lending from existing limit of Rs.28 lakhs to Rs.35 lakhs in Metropolitan Centers provided the overall cost of dwelling unit does not Rs.45 lakhs. The limit for other centers for classification…
[Banks have many other ways to find out whether they can still enforce the recovery suits against the defaulter where period of limitation has already been expired.] The life of a loan document (DPN) is three years. Once the document is time-barred then the bank will not be able to enforce money suit to recover…
According to Section 2 (j) of the Limitation Act, 1963, the life of a loan document (DPN) is three years. Once the original Demand Promissory Note (DPN) is expired then the bank will not be able to enforce money suit to recover its due through Court of Law. If the loan is secured by the…
Any contract that is executed by an executant without for any consideration is void in the eyes of law. As per section 25 (3) of the Contract Act, a fresh promise made for repaying the time barred debt is a valid consideration and the same is enforceable in a court of law. Therefore, it is…
(This post elucidates details of timelines for implementation of Resolution Plan (RP) and insolvency application to be filed by the lenders if a RP is not implemented as per the timeline.) In terms of RBI circular dated February 12, 2018, the ‘Resolution Plans’ (RP) under IBC shall be implemented within the timeline given below in…
The Reserve Bank of India on Monday (12.02.2018) scrapped all existing frameworks for revitalizing distressed assets such as Corporate Debt Restructuring (CDR) scheme , Flexible restructuring of long-term project loans(5/25) scheme, Strategic Debt Restructuring (SDR) scheme, Scheme for Sustainable Structuring of Stressed Assets(S4A). The Joint Lendes’ Foroum (JLF) as an institutional mechanism for resolution of…