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        Case ID :

        Loan Recoverability of Banks

        April 7, 2018

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        As per Reserve Bank of India (RBI) guidelines, banks are to have a loan recover policy, prepared and duly vetted by their boards. A number of mechanisms are available to banks to effect recovery, such as filing of a suit in Civil courts or in Debts Recovery Tribunals and action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. In addition, the Insolvency and Bankruptcy Code, 2016 has been enacted for time-bound resolution of stressed assets. Further, the Banking Regulation Act, 1949 has been amended to provide for authorisation by the Government to RBI, for issuing directions to banks to initiate the insolvency resolution process under the Code, and in pursuance of such directions, banks have filed applications in case of severs/large credit exposures before the National Company Law Tribunal. Further, keeping in view the enactment of the Code, RBI has recently issued a Revised Framework for Resolution of Stressed Assets, which provides for time-bound resolution of high-value stressed accounts.

         As per data reported by PSBs, 1,77,614 properties have been attached and auctioned by them and an amount of ₹ 15,196 crore has been recovered during the financial years 2014-15 to 2017-18 (till 31.12.2017).

         As per RBI data on global operations, as on 31.12.2017, the details of Gross Loans and Advances of Scheduled Commercial Banks, are given below. 

        Gross Loans and Advances of Scheduled Commercial Banks, as on 31.12.2017

        Amounts in crore Rupees

        Bank Name

        Gross Loans and Advances

        AB Bank Limited

        5

        Abu Dhabi CommercialBank PJSC

        1,48

        AllahabadBank

        1,61,79

        AmericanExpress Banking Corp.

        4,46

        Andhra Bank

        1,51,49

        Australiaand New Zealand Banking Group Limited

        2,21

        Axis Bank Limited

        4,32,35

        Bandhan Bank Limited

        23,13

        Bank of America, NationalAssociation

        13,18

        Bank of Bahrain and Kuwait B.S.C.

        1,29

        Bank of Baroda

        4,28,71

        Bank of Ceylon

        31

        Bank of India

        3,79,53

        Bank of Maharashtra

        95,169

        Bank of Nova Scotia

        3,880

        Barclays Bank PLC

        10,500

        BNP Paribas

        20,037

        Canara Bank

        3,88,518

        CapitalSmall Finance Bank Limited

        1,583

        CatholicSyrianBank Ltd.

        9,772

        CentralBank of India

        1,79,702

        CitibankN.A

        57,597

        CityUnionBank Limited

        26,089

        CooperatieveRabobankU.A.

        2,277

        CorporationBank

        1,37,049

        CreditAgricoleCorporateAnd Investment Bank

        4,796

        CreditSuisse AG

        929

        CTBC Bank CoLtd..

        520

        DBS Bank Ltd.

        18,605

        DCB Bank Limited

        18,799

        Dena Bank

        72,443

        Deutsche Bank AG

        38,472

        Doha Bank QSC

        631

        Emirates NBD Bank (P.J.S.C.)

        277

        Equitas Small Finance Bank Limited

        7,166

        Federal Bank Ltd.

        85,922

        First Abu Dhabi Bank PJSC

        -

        FirstrandBank Ltd.

        319

        HDFC Bank Ltd.

        6,36,640

        Hongkongand Shanghai Banking Corpn.Ltd.

        45,655

        ICICI Bank Limited

        5,27,145

        IDBI Bank Limited

        2,04,768

        IDFC Bank Limited

        49,398

        Indian Bank

        1,53,120

        Indian Overseas Bank

        1,51,536

        IndusInd Bank Ltd.

        1,29,449

        Industrialand CommercialBank of China

        839

        IndustrialBank of Korea

        83

        Jammu & Kashmir Bank Ltd.

        61,853

        JP Morgan Chase Bank NationalAssociation

        10,209

        JSC VTB Bank

        12

        KarnatakaBank Ltd.

        44,917

        Karur VysyaBank Ltd.

        44,836

        KEB Hana Bank

        244

        Kotak MahindraBank Ltd.

        1,61,086

        Krung Thai Bank PublicCompanyLimited

        5

        LakshmiVilas Bank Ltd.

        25,231

        Mashreq Bank PSC

        167

        Mizuho Bank Ltd.

        9,141

        NainitalBank Ltd.

        3,463

        NationalAustraliaBank

        204

        OrientalBank of Commerce

        1,62,512

        Pt Bank MaybankIndonesia TBK

        143

        Punjab and Sind Bank

        64,273

        Punjab NationalBank

        4,74,952

        Qatar NationalBank SAQ

        -

        RBL Bank Limited

        37,113

        Sberbank

        206

        SBM Bank (Mauritius) Ltd.

        1,266

        Shinhan Bank

        5,227

        Societe Generale

        2,582

        Sonali Bank

        35

        South Indian Bank Ltd.

        52,184

        Standard CharteredBank

        72,956

        State Bank of India

        19,24,592

        SumitomoMitsui Banking Corporation

        6,812

        SyndicateBank

        2,19,449

        TamilnadMercantileBank Ltd.

        22,227

        The Bank of Tokyo-MitsubishiUFJ Ltd.

        9,821

        The DhanalakshmiBank Ltd.

        6,409

        The RoyalBank of Scotland PLC

        115

        UCO Bank

        1,22,948

        UnionBank of India

        3,14,474

        United Bank of India

        68,250

        United Overseas Bank Ltd.

        807

        VijayaBank

        1,10,622

        Westpac Banking Corporation

        796

        Woori Bank

        960

        Yes Bank Ltd.

        1,72,894

        Source: RBI (global operations)

        This was stated by Shri Shiv Pratap Shukla, Minister of State for Finance in a written reply to a question in Lok Sabha.

        Loan recovery framework: banks must adopt board vetted policies and use legal and insolvency routes for stressed assets. Banks must have board approved loan recovery policies and can pursue civil suits, Debts Recovery Tribunal proceedings, SARFAESI remedies, and insolvency proceedings under the Insolvency and Bankruptcy Code, 2016; the Banking Regulation Act amendment permits directions to initiate insolvency resolution and the central bank has issued a Revised Framework for time bound resolution of high value stressed accounts. Public sector banks reported attachment and auction of properties and recoveries during 2014-15 to 2017-18, and RBI published gross loans and advances by scheduled commercial banks as of 31.12.2017.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Loan recovery framework: banks must adopt board vetted policies and use legal and insolvency routes for stressed assets.

                                Banks must have board approved loan recovery policies and can pursue civil suits, Debts Recovery Tribunal proceedings, SARFAESI remedies, and insolvency proceedings under the Insolvency and Bankruptcy Code, 2016; the Banking Regulation Act amendment permits directions to initiate insolvency resolution and the central bank has issued a Revised Framework for time bound resolution of high value stressed accounts. Public sector banks reported attachment and auction of properties and recoveries during 2014-15 to 2017-18, and RBI published gross loans and advances by scheduled commercial banks as of 31.12.2017.





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                                ActsIncome Tax
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