When I was taking one of the classes for the MBA (Finance) students, I was asked a question by a curious student. He asked me, ‘Sir, can we make our own destinies?’. I said that it was a very good thought-provoking question to be pondered over. I asked the other students whether anyone knew the […]...
Read More
THE FINANCIAL STABILITY OF THE BANKING SECTOR THE BANK AND THE BORROWER A RELATIONSHIP OF TRUST, FAITH, HOPE AND UNDERSTANDING. The advent of banking reforms in India has brought the concept of NPA (Non-Performing Asset) which has changed drastically the perception and approach of the bank and the customer when dealing with loans financed...
Read More
The Government ordinance to empower Reserve Bank of India to supervise the Urban Co-operative Banks is a welcome step in the right direction so that they have a control over the affairs and performance and particularly the lending portfolios of the Urban Co-operative Banks. Many of them are already under RBI watch list with some […...
Read More
‘When virtue is lost, benevolence appears, when benevolence is lost right conduct appears, when right conduct is lost, expedience appears. Expediency is the mere shadow of right and truth; it is the beginning of disorder’. A good and faithful banker ever prefers honourable settlement to the expedient action and expediency cann...
Read More
Amidst the prevailing holocaust caused by the devastating effect of the Corona Virus spread globally, yet another impending threat of recession is looming large over the entire world affecting the world economy which if not treated effectively is going to impact the lives of the people. The world has faced the problems of recession from [...
Read More
We are much concerned about growing old forgetting the fact that it is an inevitable part and act of the nature which nobody can escape. Since it is a reality that we have to accept and reconcile, then what purpose will it serve if we are to grieve about it other than to indulge in self-imposed stress and pity?...
Read More
Success or failure in our life, be it personal, professional or social, are the results of the actions initiated by us depending upon our decisions. The quality of our life and destiny are directly connected with our decisions. Nobody's life is ever all balanced. It's a conscious decision to choose your priorities every day....
Read More
Recently one of the leading English Dailies published the statistic pertaining to the criminal cases being faced by the sitting legislators of Madya Pradesh Vidhan Sabha which has given a glimpse of what is the reality of the political scenario of the Indian electoral system. As per the statistic, out of the total 230 sitting […]...
Read More
Deregulation and liberalization of Indian financial sector call for effective and crucial risk management and internal control system in the conduct of banking business especially after the recent unsavory incidents of fraud and cheatings by some of the prominent borrowers causing a grave crisis in the financial market....
Read More
Every one of us aspires to achieve what we desire. We dream about it. The only force that drives us to realise our dream is our hope that we will achieve it one day. Hence, hope is the sustaining power of the life. Hope is the indispensable power that motivates us to act. Mere hope […]...
Read More
The old dictums Prevention is better than cure and A stich in time saves nine are very much applicable and relevant in the matter of classifying the account as Non-Performing Asset (NPA). ...
Read More
If anybody asks me, Whom do you think the most important person alive in your life so far? Then my answer is that I am the most important person in my life. If we dispassionately look at the question devoid of prejudices and vested interests and with proper application of our mind, the answer can be only one....
Read More
Amendment to SARFAESI Act introduced in 2013 brought out certain changes in the Act wherein under section 14 compulsory filing of an affidavit by the secured creditor through their Authorised Officer with the District Magistrate / Chief Metropolitan Magistrate, as the case may be, to take possession of the secured assets is introduced....
Read More
Finance Minister Piyush Goyal said that the Government has accepted a report submitted by a committee of bankers led by Punjab National Bank Chairman Mr. Sunil Mehta to set up an Asset Management Company (AMC) for the resolution of loans. They will also set up Alternate Investment Funds to raise money to back the AMC....
Read More
The most important aspect in credit appraisal and assessment and monitoring in banking is the capacity of the sanctioning, monitoring, and reviewing authorities to take timely decision based on the performance of the past and the prospects of the future to meet the challenges of the present so as to prevent the account becoming Non-Perfor...
Read More
Recently Mr. Piyush Goyal, Finance Minister, announced setting up of a committee to give recommendations in two weeks on formation of an asset reconstruction company for faster resolution of stressed assets besides mooting the idea of BAD BANK. ...
Read More
The great jewel scam that is rocking the nation has opened up a Pandora Box on how the banks have become soft target for unscrupulous scam creators in connivance with the bank officials. It is apparent from the modus operandi of the operations that it is a systematic, well conceived and planned loot of the Indian Banking system....
Read More
ED Vs. A. Raja (Delhi High Court) -
The recent judgment of the Trial Court in the matter of 2G scam denotes yet another failure of the conscience and consciousness of the nation because it did not invoke enough strong protest from the general public. Political expediency should not be allowed to sabotage and suppress the truth and allow the perpetrators of a crime to go unp...
Read More
What makes people react so spontaneously to whatever that this one and the only man does? No political leader worth the name in the entire nation draws so much attention than the controversial and mercurial personality called Narendra Modi. ...
Read More
Recently I have undertaken an assignment of dealing with the legal proceedings initiated by three nationalized banks under SARFAESI Act of a Corporate Company who are service providers to infrastructure projects initiated by the State Governments and Central Government and some of them are being financed by World Bank and Asian Developmen...
Read More
Various recommendations have been made by various study groups appointed by Government of India and RBI to arrest the incidents of accounts becoming NPA and circulars are being issued by RBI from time to time giving directions and guidance to banks and financial institutions on the steps to be taken to prevent slippage of NPA. ...
Read More
Supreme Court of India in its judgment on In Olga Tellis vs. Bombay Municipal Corporation (AIR 1986 SC 180 AT 193) observed, The question which we have to consider is whether the right to life includes the right to livelihood. We see only one answer to that question namely that it does. ...
Read More
Reserve Bank of India introduced the scheme of wilful defaulter in pursuant of the instructions of Central Vigilance Commission during the year 1999 and subsequently modified as per the recommendations of the Working Group constituted by RBI in consultation with the Government in the year 2002....
Read More
The advent of banking reforms in India has brought the concept of NPA (Non Performing Asset) which has changed drastically the perception and approach of the bank and the customer when dealing with loans financed by the bank....
Read More
Whether the present education system available to the students is conducive to fulfill their aspirations and congenial to equip them to face the challenges of the unknown future....
Read More
The Indian ethos accords the highest importance to truth. The motto Satyameva Jayate (Truth alone succeeds) is inscribed in our National Emblem Ashoka Sthambha. Our epics extol the virtue of truth. Gandhiji gave us truth – as the righteous means to achieve independence by launching the movement of Satyagraha...
Read More
The recent happenings in Karnataka and Tamil Nadu and what is continuing in Kashmir and the political wrangles being perpetuated among the warring politicians and political parties and vested interests have opened a Pandora Box as to where our country is heading towards. ...
Read More
Sub section (3) of section 14 of SARFAESI Act stipulates that in case the secured creditor or it authorised officer do not act in accordance with the provisions of subsection (4) of section 13 and the rules made thereunder, then such action of the secured creditor taken as per sub-section (4) of section 13 can be made invalid by Debts Rec...
Read More
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command ‘significant societal consensus’ as ‘fundamental to the way in which the legal system ought fairly to operat...
Read More
Prevention is better than cure says the old saying. It is very much true in the case of NPA also. But the pertinent question is whether the banks and Financial Institutions take such steps to prevent the account slipping into NPA. ...
Read More
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT) was enacted by Government of India to enable banks and financial institutions to realise long-term assets, manage problems of liquidity, asset liability mismatches and improve by exercising powers to take possession of s...
Read More
The purpose of law is to ensure the dignity of human beings and to enable them to lead a decent life as free citizen having their human rights and constitutional rights protected and upholding the principles of natural justice. But the way the SARFAESI Act is interpreted and implemented by the secured creditor, authorised officer and the ...
Read More
The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were enacted by the Government to be exclusively used for the recovery of debts of Banks and Financial Institutions....
Read More
Management of non-performing asset (NPA) is one of the foremost challenges of the banks and financial institutions. Most of the time while finding solutions to this issue, the more important aspect of human resources is being side tracked and concentration is more on the technology, rules and regulations and systems and procedures. ...
Read More
The law mimics the human condition in its ambiguities. Great effort has been put forth to project the image of objectivity and a lack of bias in legal decisions. Try, as they may, for better or for worse, humanity cannot extricate itself from its own prejudices and agendas. ...
Read More
Proper monitoring of credit in banks has assumed greater significance in the effective management of lending. The success of credit monitoring largely depends on two aspects namely the co-operation of the borrower clients in furnishing the required data and statements to the banks on time and the capacity and knowledge of the credit monit...
Read More
Action alone produces the result and credibility does not depend upon what one says but what one does to produce the desired result. After having known the impact of NPA on the performance of the banks and financial institutions, understanding the reasons for the creation of NPA and its symptoms, ...
Read More
In the final analysis a meticulous and methodical study on the impact of NPA accounts on the banking, the reasons for the creation of NPA and to find the ways to prevent accounts becoming NPA and a cure if an account turns out to be an NPA...
Read More
As mentioned therein, asset quality of banks is one of the most important indicators of their financial health. However, it has been observed that existing MIS on the early warning systems of asset quality, needed improvement....
Read More
The banks and financial institutions have to approach Debts Recovery Tribunal to recover their dues from the defaulted borrowers either invoking The Recovery of Debts Due to Banks and financial Institutions Act, 1993 or SARFAESI Act of 2002....
Read More
Liquidity of finances and flow of money is essential for any healthy and growth oriented economy. But certainly, what must be kept in mind is that the law should not be in derogation of the rights which are guaranteed to the people under the Constitution. ...
Read More
The Law of evidence plays a pivotal role in the effective functioning of the judicial system. The existence of substantive rights can only be established by relevant and admissible evidence. Relevancy of facts is the key to determine the outcome of the judicial process which is based on fair trial without fear or favor and upholding the P...
Read More
