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Rajarshi Ghosh (Service)     03 December 2015

Queries on npa

Hello Friends,

I have the following queries:

1. if an entity which is having cash crunch is servicing secured/ unsecured debts from banks/ financial institutions with amounts lesser than the amount required, will that entity be technically identified as a Non-Performing Asset? (e.g., emi due is Rs. 20,000/- p.m. and the entity is paying Rs. 5,000/- p.m.)

2. if yes, is there any time limit only after which such entity would be treated as an NPA ?

2. in the above situation, can the banks/ financial institutions invoke SARFAESI or move the DRT?

Thanks and Regards,

R. Ghosh



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     04 December 2015

First understand the purpose of NPA.  Non Performing Assets are those assets, that shows signs of becoming bad in due course.  Instead of writing the entire amount as bad debt once for all later, knowing that this asset may not fetch any income, applying periodical interest and building up income on an account where principal recovery is doubtful is not a prudent practice.

That means NPA is a symptom for a chronic disease and that must be prevented by taking corrective action.  Periodical provision over a period of time has to  be made, and interest should not be debted to the account as recovery of even principal is doubtful.  According to this forumulae all borrowal accounts (Assets) are to be Divided into Standard Assets where recovery of both principal and interest is certain, Sub standard assets where the accounts show symptoms and warning signals, doubtful assets where securities are there for certain amount and loss assets where both principal and interest can never be recovered.  So a borrowal account slowly falls from one category to other if they are not standard assets, depending on value of security.  Now point wise reply to your queries.

1)The bank is not concerned with cash crunch, the amount that was utilised in sanctioned amount at all.  It is concerned with maintenance of their borrowal account alone. Internal cash generation is not Bank's problem.  Bank is only concerned as to whether agreed  EMI of Rs.20,000/- is being regularly by borrower.

2)Normally if the overdue installments are more than 6 they will disclose it as substandard type. (Borrower is not concerned.  Bank stops showing interest income received on such borrowal account as their income)

3)One can not decide and guess what Bank can do, as it depends on circumstances.  If it is a movable asset, under hypothication they can confiscate it, if it is pledged serve notice and auction it, if it is immovable or fixed they may contemplate action depending on other collateral and present running condition of the business.  

A banker can never kill business.  Till last minute, he helps to make it survive and supports.  Legal action is last and final in case of deliberate, malafide actions of borrower as they are responsible for timely recovery and they are accountable for lapses.

Rajarshi Ghosh (Service)     04 December 2015

Thank you Sir.

however, i did not understand one aspect i.e. if the entity goes on paying lesser than the fixed emi but on regular basis, can i start proceeding against the entity for recovery or winding up? the company may try to prove its bone fide by taking the plea that it is continuously servicing its debts.

Thanks & Regards

 

G.L.N. Prasad (Retired employee.)     04 December 2015

Here repaying certain amount decided by borrower is not a charity.

The borrower has to abide by contractual terms of agreement and accepting repayment of EMI fixed mutually, which is his obligation.

For any action, issue of notice pointing out violations and cautioning the borrower, and allowing certain time to hear his part of story is important.  I do not know whether queriest is a Banker or borrower.  A banker should always see that the account should not go bad just by ego problem and always strive to be helpful and take corrective action in polite manner and threat of legal action is the final course.  This also should never be oral, and every notice must be polite and in writing and specifically point out violation.

Neither the Banker nor the borrower can fix EMI arbitrarily and it should always be on mutually agreed terms, and the other can not go back and dictate his terms to the other.  In case of real difficulty for variation and rephase, the entire situation must be explained in writing and it is the borrower that has to take the lead and explain his position in writing, praying for rephasing the loan.

siddhartha sinha   05 December 2015

The above experts have explained beyond all doubts. You cannot pay any amount below emi. If you do bank retains there right to sue you. Only issue you can guarantee escaping by continuing to pay whatever you can, is being labelled as wilful defaulter or charged for fraud.

Rajarshi Ghosh (Service)     05 December 2015

Thnak you experts. your explanation would certainly help me.

Regards,


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