In September 2023, the RBI had released the master directions for the comments from stakeholders and members of the public.
Whilst the Draft Directions are a step in the right direction towards consolidation of legal framework governing WDs, few of the suggested changes may have sweeping undesired implications.
The debate is largely due to a confusion between compromise settlement and restructuring facilities offered to wilful defaulters. The RBI's 2019 circular had prohibited restructuring of wilful defaulter loans, not compromise settlement.
Mehul Choksi promoted Gitanjali Gems Ltd is the top wilful defaulter with Rs 7,110 crore in dues
A wilful defaulter is a borrower who has the ability to repay the bank but wouldn’t so deliberately. Here, the intent to pay back the money to the lender is absent.
The Mumbai property failed to attract bidders even after lowering the reserve price to Rs 93.50 crore.
Bankers are set to write off loans worth Rs 5,200 crore to REI Agro, a wilful defaulter as the creditors invoke Bankruptcy and Insolvency Law against the company.
Reserve Bank is working on a new system for making public the list of wilful defaulters, while a new mechanism is being put in place for out-of-court settlement of bad loan-related disputes, Governor Raghuram Rajan said today.
Mallya's settlement offer has already been rejected by banks, who want something concrete on the table, while he has failed to appear before various investigative agencies like ED and SFIO despite repeated summons issued in connection with probe into alleged irregularities at his group.
According to SBI, a similar case is already pending before Bombay High Court.
BoB only added 9 wilful defaulters between September 2015 and March 2016. These new defaulters increased the total amount owed to the bank by Rs 470 crore.
Banks will now have to refer each case of a wilful default to a review committee which will take the final call on the matter. The review committee, as directed by RBI, is to be headed by an executive director and consist of two other senior officers of the rank of general manager or deputy general manager.
In an interview to CNBC-TV18, Deepak Narang, executive director, United Bank of India expects the airline to be declared a wilful defaulter in 15-20.
The Securities and Exchange Board of India (Sebi) is expected to discuss the proposal during its board meeting scheduled for Wednesday.
The source said the letter sought to explain the reasons behind identifying the two firms as `wilful defaulters', adding that time had been given to them for giving reply on why they should not be declared as `wilful defaulters' as per RBI guidelines.
In an interview to CNBC-TV18's Ekta Batra, KV Karthik, Senior Director, Deloitte India gave his outlook on the RBI's tightening of wilful defaulter norms.
The Gujarat High Court on Wednesday had partially struck down the earlier RBI circular on wilful defaulters calling the restrictions imposed on directors as "arbitrary and unreasonable." But the amended RBI circular states that guarantors, who refuse to fulfil obligations despite having resources, will also be treated as wilful defaulters.
As per new rules, guarantors, who refuse to fulfil their obligations to banks despite having adequate resources, will also be treated as wilful defaulters.
Vijay Mallya‘s bid to hold on to another firm in his crumbling UB empire, Mangalore Chemical & Fertilizer, may now boil down to whether he is able to fight off the ‘wilful defaulter‘ tag that has been labeled on him by United Bank of India.
Under law, willful defaulters cannot have access to any further bank funding and neither can companies where they serve as directors.
United Bank has declared Kingfisher Airlines and its promoter Vijay Mallya as ‘wilful defaulter‘. The bank is in the process of sending formal notices to the company and will inform RBI as well.
According to a report in the Business Standard that quoted persons privy to the development, United Bank of India has asked the regulator to reconsider the approval given as the UB-Zuari joint open offer for MCF, as it had identified Mallya‘s now-grounded airlines, Kingfisher, a ‘wilful defaulter‘.