Indian economy was witnessing a heavy turmoil in the previous years and in the current year also this is, to the some extent continuing. However, we are witnessing some comforts where the Whole- sale price index have come to zero and the consumer price index is much within the comfort level.
Things are getting improved and probably this would continue in the future but one thing is worrisome is that the Banks have invested huge amount in project which have not rolled out and are idle due to some policy matters. Due to this, Banks are having high NPAs and as a resultant of which they have to provide the higher provision with respect to the non-performing assets.
The Apex Bank has taken a lot of initiatives to strengthen the recovery system of Banks. They had come up with the wilful defaulter provision and in some of the case it has been applied also (United Bank of India Vs Kingfisher Airlines and its promoter Vijay Mallya). But the provision of wilful defaulter seems to be very tough in practical applications as because the legal recourse is available with the borrower. Further, the lender is also required to establish that the fund was siphoned for declaring the borrower as a wilful defaulter.
Introduction of Concept of Non Cooperative Borrowers: To overcome the problems which is being witnessed at the time of labelling the wilful defaulters and to further strengthen the recovery mechanism of banks specially smaller banks, the Reserve Bank of India have come up the Non Cooperative Borrowers concept.
Non Cooperative Borrowers are the Borrowers, who have the ability to make the repayment of loans, obstruct the lender by
The definition of Non- Cooperative Borrowers will include the following persons:
However, Directors will not include the following persons:
Effect of declaring the Non- Cooperative Borrowers:
After declaring the non-cooperative borrowers, the following will take place
Conclusion: The above mentioned rule will surely help in recovery of various bad loans and this will be very much instrumental in recovery of bad loan of small banks as because the borrowers care much for payment of dues of larger banks and they do not care much for repayment of dues of smaller banks. By the introduction of this, the larger bank will always exert pressure for clearing of the dues of the smaller banks and thus whole economy will revive.
(Author- CA Sanjay Kumar Chaudhary, Mail Id: [email protected])
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