Reserve Bank of India (RBI) collects
on quarterly basis, the information on Willful Defaulters (non-suit filed
accounts) of Rs. 25 lakh and above from Banks.
Besides RBI, the Credit Information Companies, including Credit
Information Bureau of India Ltd. (CIBIL) are maintaining a database on suit
filed accounts, including willful defaulters with Rs. 25 lakhs and above. The details of such accounts as on 31st
March 2012 in Public Sector Banks are as under:
(Amount in Rs. Crore)
|
|
Suit Filed Accounts
|
Non-Suit Filed
Accounts
|
|
|
Nos.
|
Amt.
|
Nos.
|
Amt.
|
|
Nationalised Banks
|
2451
|
9510.89
|
157
|
683.12
|
|
State Bank Group
|
1085
|
7014.40
|
981
|
3491.58
|
|
Total Public Sector
Banks
|
3536
|
16525.30
|
1138
|
4174.70
|
A
“willful default” would deem to have occurred if the unit has defaulted in
meeting its payment/repayment obligations to the lender when the unit has:
·
the
capacity to honour the said obligations;
·
has
diverted the funds for other purpose;
·
not
utilized/siphoned off the finance from the lender for the specific purposes for
which finance was availed of, nor the funds are available with the unit in the
form of other assets,
·
Disposed
off or removed the movable fixed assets or immovable property given by him or
it for the purpose of securing a term loan without the knowledge of the lender.
A copy of list of
willful defaulters, (non-suit filed accounts) and list of willful defaulters
(suit filed accounts) are forwarded to Securities & Exchange Board of India
(SEBI) by RBI and CIBIL respectively, in order to prevent them to access the
capital markets. No additional
facilities are to be granted by any bank/FI to the listed willful defaulters.
The legal process, wherever warranted,
against the borrowers/guarantors and foreclosure of recovery of dues should be
initiated expeditiously by the banks.
The lenders may also initiate criminal proceedings against willful
defaulters, wherever necessary.
Other
legal options available to banks for resolution of NPAs/recovery of loans, are
action under Securitization and Reconstructions of Financial Assets and Enforcement
of Security Interest Act 2002 (SARFAESI Act, 2002), recourse to Debt Recovery
Tribunals (DRTs) and Lok Adalats.
This information was given by the Minister of
State for Finance, Shri Namo Narain
Meena in written reply to a
question in Lok Sabha today.
* * *
DSM/RS/bs