SC on Loan Moratorium Highlights: Hearing of petitions seeking interest waiver to resume on Dec 3

SC on Loan Moratorium Highlights: The bench comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah heard petitions seeking interest waiver.

December 02, 2020 / 05:12 PM IST
Representative image

Representative image

The Supreme Court on December 2 heard petitions seeking interest waiver during the loan moratorium period.

The bench comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah will resume the hearing on December 3.

Also read: Govt announces compound interest waiver on moratorium loans — here's how it will affect borrowers

Senior lawyer Ravindra Srivastava, representing an industry group, to SC:

> Disaster Management Act (DMA) can override contracts in critical situation. Duty of government to protect those who can't protect themselves. The government can't deny relief on basis of financial stress. (Inputs from Bar & Bench)


> Any classification to be rationale or have an intelligible differentia needs to be based on a study. The DM Act can be used to collect this data rather than the finance ministry saying Rs 2 crore is the limit.

> More needs to be done by the Reserve Bank of India (RBI). Government's decisions cannot ignore its economic capacity. Classification between class of borrowers should be just, many got relief. The class of big borrowers is not defined.

> To leave it to the banks to establish their own criteria is the problem and this criteria will create subjectivity from bank to bank and the methodology will differ. (Input from LiveLaw)

Advocate Vishal Tiwari to SC:

> Date fixed for moratorium is December 31 and this should be extended till March 31, 2021. (Input from LiveLaw)

Advocate Abhimanyu Bhandari for Shopping Centers Association of India (SCAI) to SC:

> "My issue is that unlike other manufacturing entities, I was completely shut down. No one was allowed to come to malls and I was completely shut down. This is why I had sought to be concerned as most affected party," (Input from LiveLaw)

Senior Advocate Kapil Sibal for CREDAI to SC:

> "What has the government done? My humbled submission is that it has done nothing but has relied upon RBI circulars." (Inputs from LiveLaw)

> "Stand of the GOI very clear. That they are not going to do anything. The only relevance they give is to borrower and lender. For the UOI, the disaster has changed nothing".

> "Economic substratum of the real estate industry is in the doldrums"

> Eligible borrowers account should continue to be classified as standard. There is no invocation of the same till date

> The Kamath Committee is an expert committee set up to regulate parameters between the borrowers and lenders and has nothing to do with Disaster. The GOI must apply its mind to the real estate sector, Sibal (Inputs from LiveLaw)

Senior Advocate Sidharth Luthra:

> "The issue here is we run a hotel in Kolkata and we were on a credit facility. Despite RBI policy, government allowed vast discretion."

> RBI ought to act, The Centre is duty bound to act and the constitutional principles of Socio economic justice have to be looked at.

Here's what happened previously:

> The Reserve Bank of India (RBI) had in March announced a moratorium on repayment of term deposits for three months, which was later extended till August 31. The move was intended to provide borrowers relief during the COVID-19 pandemic.

> The SC had on September 3 instructed banks not to declare accounts as non-performing assets (NPAs) until further orders.

> The Centre in October said that it would waive compound interest on the repayment of loans of up to Rs 2 crore in some categories, a move that would provide relief to individual and MSME borrowers.

> The top court had on November 19 directed Centre and RBI to reply to suggestions put forth before the bench. The SC also disposed off petitions in which the petitioners are satisfied with compound interest waiver.

> The SC has previously said there is "no merit in charging interest on interest".

> The RBI had on June 4 said lenders will lose Rs 2 lakh crore if interest is waived completely during the moratorium period.
Moneycontrol News
first published: Dec 2, 2020 11:32 am

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