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IN

IN THE SUPREME COURT OF INDIA


ORIGINAL WRIT JURISDICTION
Writ Petition (Civil) No _______ of 2019
IN THE PUBLIC INTEREST LITIGATION OF:
Mrs. Reena. N. Singh

…Petitioner

Versus
Union of India &others
…Respondent

PAPER BOOKS
(FOR INDEX PLEASE SEE INSIDE)

WITH
I.A NO. OF 2019
AN APPLICATION FOR STAY

ADVOCATE FOR THE PETITIONER: PREETI SINGH


WWW.LIVELAW.IN

INDEX
S.I Particulars of Documents Page No. of part to Remarks
No. which it belongs
Part I Part II
(Contents of (Contents
Paper Book) of file
alone)
(i) (ii) (iii) (iv) (v)
1. Listing Proforma A1-A2 A1-A2
2. Cover Page of Paper Book A-3

3. Defect List A-5

4. Note Sheet NSI to…

5. List of Dates B-G

6. Civil Writ Petition with affidavit in 1-36


support.

7. APPENDIX
Relevant portion of article 32 of the 37
constitution of India
8. ANNEXURE P-1
Copy of news report dated 12.07.2018
on the official website of RBI BANK 38
Fiscal Position of State Governments

9. ANNEXURE P-2
Copy of news report dated 14 June 2017
on the official website of Quartz India All 39-40
the losers in the great Indian game of
farm-loan waivers.

1990 India‘s first agricultural Loan


Waiver of Rs. 10,000 crores: source the
official website of Wikipedia.

10. ANNEXURE P-3


Copy of news report dated 15.12.2009 41-42
on the official website of Times of
IndiaFarm loan waivers won LS polls for
Cong.

11. ANNEXURE P-4


Copy of news report dated 11.09.2017 43-44
on the official website of federal reserve
bank of San Francisco Central and state
governments waived Rs 890 Billion of
farm loans.
12. ANNEXURE P-5
Copy of news report dated 01.02.2017 45-46
on the official website of Economic times
Govt increased allowable provision to
Banks on NPA‘s to 8.5so as to reduce
Banks‘ tax liabilities.
WWW.LIVELAW.IN

13. ANNEXURE P-6


Copy of news report dated
07.02.2017on the official website of 47-48
Indian Express Technical write- offs
creates non transparency, brings wrong
doings: Former Deputy RBI governor.
14. ANNEXURE P-7
Copy of news report dated 23.06.2017 49
on the official website of scroll in farm
loan waivers are not same as corporate
NPA‘s and its tough to say which is
worse
15. ANNEXURE P-8
Copy of news report dated 16.04.2018 50-51
on the official website of First Post those
Loans worth Rs 2.72 lakh crore written
off since 2014 and only Rs 29000 crores
recovered.
16 ANNEXURE P-9
Copy of news report dated 04.05.2018 52-53
on the official website of The Jagran
josh newspaper RBI information stating
the list of Public sector Banks having
highest share in NPA‘s 11-05-2017.
17. ANNEXURE P-10
Copy of news report dated 54-55
21.05.2018on the official website ofThe
Business today Private Banks record
450% jump in NPA‘s and ICICI Bank
tops the list.
18. ANNEXURE P-11
Copy of news report dated 31.05.2018
on the official website of The Business 56-58
today Bad loans of 38 listed banks
collectively crossed 10.17 lakh crores in
4th quarter of financial year ending
2018.
19. ANNEXURE P-12
Copy of news report dated 24.07.2018 59-60
on the official website of The Business
today As per RBI data for FY ending 31-
03-2018 only two banks were in profit
from the list of 21 Public Sector Banks.
20. ANNEXURE P-13
Copy of the news report dated 61-63
24.10.2018 on the official website ofThe
Business standard Comptroller and
auditor general questioned role of RBI
on NPA crisis.
21. ANNEXURE P-14
Copy of news report dated 28.12.2018 64-65
on the official website of Times of India
Finance Minister stating that over 6000
officers of Public sector Banks held
responsible for bad loans in FY 2017-18.
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22. ANNEXURE P-15


Copy of news report dated 10.01.2019 66
on the official website of Economic times
Syndicate bank hints that loan waiver
may challenge NPA reduction efforts.

22. ANNEXURE P-16


Copy of news report dated 10.01.2019 67-68
on the official website livemint.com
stated the equivalence of farm loan
waivers and corporate NPA‘s
27. ANNEXURE P-17
Copy of news report dated 15.01.2019 69
on the official website the wire in Farm
Loan waivers and corporate defaulters
are two sides of same coins
28. ANNEXURE P-18
Copy of News Report dated 02.01.2019 70-71
on the official website of Indian Express
Farm loan waivers help reduce
banks‘ priority sector NPAs
29 ANNEXURE P-19
Copy of News report dated 17.03.2018 72
on the Official website of Economy
Times Banks' NPA steadily rising for past
8 years: Shiv Pratap Shukla
30 ANNEXURE P-20
Copy of news report dated 12.07.2018 73-78
on the official website of RBI BANK
Fiscal Position of State Governments
31. I.A No. of 2019
79-81
AN APPLICATION FOR STAY
32. Filing Memo 82
33. Vakalatnama 83
SYNOPSIS AND LIST OF DATES

The present Writ Petition under Article 32 of the Constitution of

India, is being filed in Public Interest by the petitioner seeking

the intervention of this Hon‘ble Court for issuing appropriate

writ/order/direction(s) to the Respondents to act upon the

suggestions made by the Petitioner so as to refrain the

respondents from doing Technical write off of NPA‘s and also to

refrain the respondents to waive off Bank loans and to ensure

transparency and fairness regarding usage of public funds which

belongs to country‘s economy.As this practice of loan waiving

adversely affects the economy by increasing the fiscal deficit due

to Technical writing off of Non PerformingAssets(NPA‘s) by Banks

and also due to waiving off of loans by Banks on the instructions

of state and central governments.The political parties are

offering Loan waiver schemes in their election manifesto for their

political motives by ignoring the negative effects of loan waivers

on the Economy, as they are using the offer of manipulation of

public fund as a tool to achieve their political motives to come to

power.The political parties are offering to waive the loan from

the government exchequer gathered by taxation and not from

their political party funds.The objective of this petition is to stop

the misuse and manipulation of public money in the hands of

political parties and to stop technical write off of NPA‘s by Banks

as the Banks are profit oriented corporate entities incorporated

under law.Presently the majority of banks in our country are

facing losses,more than 6000 Bank employees were found

responsible for Banks NPA‘s.The technical write off of Non

Performing assets is like tampering and fabrication of Balance


Sheet which will not give the true and fair picture of its financial

condition, the Banks also get a percentage of around 7.5% to

8.5%of NPA as an allowable provision from their income which

reduces their tax liability, this also directly indicates that NPA‘s

are helping banks in reducing their taxes.The political parties

attract mass voters or vote banks at the cost of public funds

which belong to country‘s economy. The Fiscal deficit of majority

of states clearly mentions the negative monetary conditions of

the state governments. The political parties are ignoring the

financial and economic condition of the country and irrespective

of this fact, the political parties are leaving no stone un-turned

by offering various loan waiver and monetary schemes in their

party manifesto‘s in order to grab power by luring particular

section of vote bank and the masses, specially farmers. These

political parties by offering temporary incentives like loan

waiving is spoiling the economy‘s the credit culture and are

permanently making the farmer financially weaker and

vulnerable. Presently there is hardly any resultant farmer

friendly policy by the government which can truly help to

improve the financial condition of farmer. The government can

remove providing Minimum Support Price (MSP) of few crops and

can introduce ―One District One Agriculture product‖ production

system with this system different market demand based

products will be produced and the same to be purchased directly

from the farmers by the government at an average market rate.

The MSP system is a decades old theory to keep the farmer poor

and needy which is in no way in competition to the present

technological world. India‘s being a large country with the


largest section of people dependent on agriculture lacks the

perfect agriculture model. Appears that the people sitting in

power or the political parties who are trying to come in power

never wants that the majority of section of Indian Farmer comes

out of poverty, due to their large percentage of share in

elections. The small country of Netherlands having a population

of 1 Crore 75 Lakhs only,is presently a global agriculture giant in

agriculture production, it provides food stuff to around a large

portion of population of the world and clearly shows what can be

achieved through farming.If we compare the difference between

India and Netherlands, The answer is the lack of true genuine

intention to make farmer financially strong and independent. The

agriculture sector requires a permanent resultant policy and not

a temporary sweet poison named loan waiver which is affecting

honest credit culture, credit discipline. Waivers effects future

borrowers to repay and also creates a moral hazard. We need to

create a consensus that such loan waiver policies are eschewed,

Sub-sovereign fiscal challenges in this context could affect

national balance sheets, Debt waivers also entail transfers from

taxpayers to borrowers.A common PERSON is unable to

understand the negative affect/result of technical writing off of

NPA‘s and waiving off of loans on Economy. The funds or money

circulates in the economy through the banking channel, the

banks are the hands of economy which holds money for

everyone and is also the holder of everyone‘s money .The funds

available with the banks are directly and indirectly related to

general public. In our Democratic country the general public

elects its representatives and bring them to power with a hope


that such laws and policies will be formulated which will provide

the whole society growth and development in all spheres of life

whether it is in health care, education, employment, up-liftment

of economic condition of poor section, maintenance of law and

order and providing of welfare benefits to the vulnerable section

of society irrespective of cast and creed.It is respectfully

submitted that in order to ensure the good economic condition of

the country by reducing fiscal deficit and improving economic

condition of farmers along with the majority of citizens of our

esteemed country the Petitioner humbly requests for following:

(a) That the Banks should be restrained from TECHNICAL

WRITING OFF OF NPA‘s so that the true and exact

financial conditions of the banks cannot be

camouflaged.

(b) The Banks should not be given any allowable provision

or other in percentage to their Non Performing Assets

(NPA) which reduces their tax liabilities.

(c) The System of waiving of loans should be stopped. The

Centre and State governments should not be permitted

to reduce or waive off loans.

(d) Political parties should not be permitted to offer loan

waiving schemes or any other monetary schemes in

their election manifestos.

(e) The Central Government and State governments should

formulate such an agricultural policy which can make

farmer financially prosperous and stable with a bright

future and increases his interest in agriculture and

farming sector.
LIST OF DATES

1990 India‘s first national loan waiver: Central

government waived 10000 crores of farm loans.

2008 All the losers in the great Indian game of farm-loan

waivers. QUARTZ INDIA

15.12.2009 A news report of Times of India: official website

mentions that Farm loan waivers won LS polls For

Cong.

2017 Central and state governments waived Rs.89,000/-

crores of farm loans.

01.02.2017 Govt increased allowable provision to Banks on

NPA‘s 7.5 to 8.5 % so as to reduce Banks‘

taxliabilities : source : official website of Economic

Times

07.02.2017 Technical write-offs creates non transparency,

brings wrong doings: Former Deputy RBI governor:

KC Chakrabarty : official website Indian Express.

23.06.2017 Article published in Scroll magazine mentioned that

farm loan waivers are not same as corporate NPA‘s

and its tough to say which is

worse:https://scroll.in/article

16.04.2018 News Report published in the first


post.com/business those Loans worth Rs 2.72 lakh
crore written off since 2014 and only Rs 29000
crores recovered.

04.05.2018 The Jagranjosh newspaper published RBI

information stating the list of Public sector Banks

having highest share in NPA‘s 11-05-2017.


21.05.2018 The Business today published that Private Banks

record 450% jump in NPA‘s and ICICI Bank tops

the list.

31.05.2018 The Business today published that Bad loans of 38


listed banks collectively crossed 10.17 lakh crores
in 4th quarter of financial year ending 2018.

24.07.2018 As per RBI data for FY ending 31-03-2018 The


Business today published that 2018: only two
banks were in profit from the list of 21 Public
Sector Banks.
24.10.2018 The Business standard published: Comptroller and
auditor general questioned role of RBI on NPA crisis
28.12.2018 News report published in the Times of India that
Finance Minister stating that over 6000 officers of
Public sector Banks held responsible for bad loans
in FY 2017-18.
10.01.2019 Economic times stated that: Syndicate bank hints
that loan waiver may challenge NPA reduction
efforts.
The official website of livemint.com stated the
equivalence of farm loan waivers and corporate
NPA‘s.
15.01.2019 The official website of: the wire. in stated that
Farm Loan waivers and corporate defaulters are
two sides of same coins.
02.01.2019 The official website of: Indian Express Farm loan
waivers help reduce banks‘ priority sector NPAs.
17.03.2018 The Official website of: Economy Times Banks' NPA
steadily rising for past 8 years: Shiv PratapShukla
12.07.2018 The official website of: RBI BANK Fiscal Position of
State Governments.
05.04.2019 Hence the Writ Petition
IN THE SUPREME COURT OF INDIA
CIVIL WRIT JURISDICTION
Writ Petition (Civil) No _______ of 2018

IN THE PUBLIC INTEREST LITIGATION OF:

Mrs. Reena.N. Singh


207-208, Deep Plaza
Near Civil Court
Gurgaon-122001.
…PETITIONER

VERSUS

1. Union of India
Through its Secretary,
North Block
New Delhi-110001 Respondent No. 1

2. Ministry of Agriculture
Through its Secretary,
New Delhi-110001 Respondent No-2

3. RESERVE BANK OF INDIA


Through its Governor
16th floor, Central Office Building
Shahid Bhagat Singh Marg
Mumbai - 400 001 Respondent No-3

4. Election Commission of India


Through its Chief Election Commissioner
Nirvachan Sadan, Ashoka Road,
New Delhi 110001 Respondent No-4

5. State of Haryana
Through its Chief Secretary
4th Floor, Haryana Civil Secretariat
Sector-1, Chandigarh - 160019
Chandigarh Respondent No-5

6. State of Uttar Pradesh


Through its Chief Secretary
1st Floor, Room No. 110
Shastri Bhawan,
Secretariat, Lucknow - 226 001,
Uttar Pradesh Respondent No-6

7. State of Rajasthan
Through its Chief Secretary
Government of Rajasthan Secretariat,
Jaipur -302005, Rajasthan Respondent No-7
8. State of Maharashtra
Through its Chief Secretary
CS Office Main Building,
Mantralaya 6th Floor,
Madame Cama Road, 400032
Mumbai, Maharashtra Respondent No-8

9. State of Gujarat
Through its Chief Secretary
1st Block, 5th Floor Sachivalaya,
Gandhi Nagar, 382010
Gujarat Respondent No-9

10. State of Himachal Pradesh


Through its Chief Secretary
H P Secretariat, Shimla – 171002
Shimla, Himachal Pradesh Respondent No-10

11. State of Uttrakhand


Through its Chief Secretary
4 Subhash Road, Uttarakhand Secretariat
Dehradun - 248001
Uttrakhand Respondent No-11

12 State of Bihar
Through its Chief Secretary
Main Secretariat, Patna - 800015
Patna, Bihar Respondent No-12

13 State of west Bengal


Through its Chief Secretary
13th Floor, 325, Sarat Chatterjee Road,
Mandirtala Shibpur, Howrah - 711102
Kolkata, West Bengal Respondent No-13

14 State of Punjab
Through its Chief Secretary
Government of Punjab
Chandigarh - 160001
Punjab Respondent No-14

15. State of Jammu & Kashmir


Through its Chief Secretary
Jammu & Kashmir
R. No. 2/7, 2nd, Floor Main Building
Civil Secretariat, Jammu – 180001
Respondent No-15
16. State of Jharkhand
Through its Chief Secretary
Ranchi, 1st Floor, Project Building,
Dhurwa, Ranchi 834004
Jharkhand Respondent No-16
17. State of Chhattisgarh
Through its Chief Secretary
Mahanadi Bhawan, Mantralaya
Naya Raipur - 492002
Raipur, Chhattisgarh Respondent No-17

18. State of Odisha


Through its Chief Secretary
General Administration
Department Odisha Secretariat
Bhubaneswar – 751001, Odisha
Respondent No-18

19. State of Assam


Through its Chief Secretary
Block- C, 3rd Floor,
Assam Sachivalaya
Dispur - 781006,
Guwahati Assam Respondent No-19

20. State of Arunachal Pradesh


Through its Chief Secretary
Civil Secretariat
Itanagar - 791111
Arunachal Pradesh Respondent No-20

21. State of Manipur


Through its Secretary
South Block, Old Secretariat
Imphal- 795001 Manipur Respondent No-21

22. State of Nagaland


Through its Chief Secretary
Civil Secretariat, Kohima797004
Kohima, Nagaland Respondent No-22

23. State of Sikkim


Through its Chief Secretary
Government of Sikkim New Secretariat,
Gangtok, - 737101Sikkim Respondent No-23

24. State of Tripura


Through its Chief Secretary
New Secretariat Complex -799010
Agartala West, Tripura Respondent No-24

25. State of Meghalya


Through its Secretary
Main Secretariat Building Rilang Building,
Room No. 321 Meghalaya Secretariat,
Shillong- 793001, Meghalya
Respondent No-25

26. State Andhra Pradesh


Through its Chief Secretary
1st Block, 1st Floor
A.P Secretariat Office,
Velagapudi – 522503
Respondent No-26

27. State of Tamil Nadu


Through its Chief Secretary
Secretariat
Chennai-600009 Tamil Nadu
Respondent No-27
28. State of Kerala
Through its Chief Secretary
Secretariat - 695001
Thiruvanathpuram
Respondent No-28
29. State of Karnataka
Through its Chief Secretary
Room No. 320, 3rd Floor
Vidhana Soudha - 560 001
Bengaluru, Karnataka
Respondent No-29

30. State of Goa


Through its Chief Secretary
Secretariat, Porvroim,
Bardez, 403521
Panaji, Goa
Respondent No-30
31 State of Telengana
Through its Chief Secretary
Block C, 3rd Floor, Telangana Secretariat
Khairatabad,
Hyderabad, Telengana
Respondent No-31
32 State of Madhya Pradesh
Through its Chief Secretary
MP Mantralaya, Vallabh Bhavan
Bhopal - 462004
Madhya Pradesh
Respondent No-32
33 State of Mizoram
Through its Chief Secretary
New Secretariat Complex, Aizwal - 796001
Mizoram
Respondent No-33
34 Union Territory of Delhi
Through Chief Secretary
Delhi Secretariat, IP Estate,
New Delhi – 110002
Respondent No-34
35 Union Territory Andaman and Nicobar
Through Chief Secretary
Andaman and Nicobar
Administration Secretariat,
Port Blair – 744101
Respondent No-35
36 Union Territory of Puducherry
Through Chief Secretariat, Goubert Avenue,
Puducherry – 605001
Respondent No-36

37. Union Territory of Daman & Diu


Through Chief Secretary
Secretariat, Moti, Daman - 396 220
Respondent No-37

38. Union Territory of Dadra and Nagar Haveli


Through Chief Secretary
Secretariat, Moti, Silvasa,
Daman – 396220
Respondent No-38

39 Union Territory of Lakshadweep


Through Chief Secretary
Lakshadweep, Kavaratti – 682555
Respondent No-39

40. Union Territory of Chandigarh


Through Chief Secretary
Punjab Raj Bhawan,
Sector 6, Chandigarh-160019
Respondent No-40

41. Ministry of Finance


Through Secretary
Department of Economic Affairs
Room No. 67-B
New Delhi – 110001
Respondent No-41

…Contesting Respondents

A PUBLIC INTEREST LITIGATION PETITION UNDER

ARTICLE 32 OF THE CONSTITUTION OF INDIA READ WITH

SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

(AS AMENDED UPTO DATE), WHEREBY THE PETITIONER

IS PRAYING FOR ISSUING APPROPRIATE

WRIT/ORDER/DIRECTION(S) TO THE RESPONDENTS TO

ENSURE THAT THE BANKS SHOULD STOP THE PRACTICE OF

TECHNICAL WRITING OFF OF NPA‘S. THE CENTRE AND STATE

GOVERNMENTS SHOULD NOT BE PERMITTED TO REDUCE OR


WAIVE OFF LOANS.POLITICAL PARTIES SHOULD NOT BE

PERMITTED TO OFFER LOAN WAIVING SCHEMES OR OTHER

MONETARY SCHEMES IN THEIR ELECTION MANIFESTOS.

FORMULATION OF SUCH AN AGRICULTURAL POLICY BY

CENTRAL GOVERNMENT AND STATE GOVERNMENT WHICH CAN

MAKE AGRICULTURE A PROFITABLE SECTOR OR ANY OTHER

POLICY TO TRANSFORM AGRICULTURE SECTOR INTO AN

INDUSTRY WHICH CAN HELP FARMERS TO CREATE THEIR

INTERESTS IN AGRICULTURE SO THAT THEY HAVE A BETTER

ECONOMIC AND LIVING CONDITION WITH A BRIGHT FUTURE

IN AGRICULTURE AND FARMING SECTOR. AND FOR SEEKING

FURTHER DIRECTIONS.

To
THE HON‘BLE THE CHIEF JUSTICE OF
INDIA THE HON‘BLE SUPREME COURT OF
INDIA AND HIS COMPANION JUSTICES

THE HUMBLE PETITION OF THE


PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHEWETH:

1. It is most humbly submitted that the petitioner is filing

petition under Article 32 of the constitution of India in Public

interest, by the petitioner seeking the intervention of this

Hon‘ble Court for issuing appropriate writ/order/direction(s)

to the Respondents to act upon the suggestions made by the

Petitioner for ensuring that the banks should stop the practice

of technical writing off of NPA‘s. The Center and State

governments should not be permitted to reduce or waive off

loans. Political parties should not be permitted to offer loan

waiving schemes or other monetary schemes in their election


manifestos. Formulation of agricultural policy by central

government and state government which can truly help

farmers to have a better economic and living condition with a

bright future in agriculture and farming sector. And for

seeking; further directions in this regard.

2. That the Petitioner is an Advocate by profession and is

invoking the Writ Jurisdiction of this Hon‘ble Court under

Article 32 of the Constitution of India, for seeking the

intervention of this Hon‘ble Court for issuing appropriate

writ/order/direction(s) to the Respondents made by the

Petitioner that the banks should stop the practice of technical

writing off of NPA‘s. The center and state governments should

not be permitted to reduce or waive off loans. Political parties

should not be permitted to offer loan waiving schemes in their

election manifestos. Formulation of resultant agricultural

policy by central government and state government which

can truly help farmers to have a better economic and living

condition with a bright future in agriculture and farming

sector and for seeking further directions;

3. That the requisite information, as per New PIL Rules,

pertaining to the Petitioner, is as under:-

a) The Petitioner is Advocate by profession


and is having office at 207-208 Deep
Plaza, Near Civil Court, Gurugram-
122001, Haryana. The petitioner has
ADHAR NO - 2695-9685-2169 and PAN
NO. ADOPR2377L The Annual Taxable
income of the petitioner, as per balance
sheet of the last financial year is
approximately Rs.07,82,175/-. The
petitioner is having mobile number is
8800588045 and email address of the
petitioner is reenansingh81@gmail.com

b) That the facts relating to the cause of

action for the institution of the present

Petition are mentioned herein below.

4. This petition is against the misuse of public money due to

forced Non Performing Assets (Bank NPA‘s) by government in

the form of Loan waivers including Farm/Agriculture loan and

writing off of Bank NPA‘s and offering of Loan Waiving and

offering of monetary schemes by political parties for attracting

voters for their political motives. The political parties whether in

power or in opposition should not be allowed to manipulate

public funds for their political motives to attract a section of

mass voters or vote banks at the cost of public funds which

belongs to country‘s . The Practice of Waiving of loan by Banks

on the instructions of the State or Central government and the

Technical writing off of Non Performing Assets (NPA‘s) should be

completely stopped and refrained as this practice is adversely

affecting the Economy.

5. This petition is against the misuse of public money due to

forced Non Performing Assets (Bank NPA‘s) by government in

the form of Loan waivers including Farm/Agriculture loan and

writing off of Bank NPA‘s and offering of Loan Waiving and

offering of monetary schemes by political parties for attracting

voters for their political motives. The political parties whether in

power or in opposition should not be allowed to manipulate

public funds for their political motives to attract a section of


mass voters or vote banks at the cost of public funds which

belongs to country‘s . The Practice of Waiving of loan by Banks

on the instructions of the State or Central government and the

Technical writing off of Non Performing Assets (NPA‘s) should be

completely stopped and refrained as this practice is adversely

affecting the Economy.

6. It is pertinent to mention that the Fiscal deficit of majority of

states clearly shows the negative economic and monetary

conditions of the state governments, Copy of news report dated

12.07.2018 on the official website of RBI BANK Fiscal Position of

State Governments is annexed herewith and marked as

Annexure P-1 (Pages to ) irrespective of this fact

the political parties in order to grab the power is leaving no

stone un turned by offering various loan waiver and other

monetary schemes in their party manifesto‘s so as to grab power

by luring their particular section of vote banks and the masses.

In year 1990 India‘s first agricultural Loan Waiver of Rs. 10,000

crores: source the official website of Wikipedia. Copy of news

report dated 14 June 2017 on the official website of Quartz India

All the losers in the great Indian game of farm-loan waivers.

1990 India‘s first agricultural Loan Waiver of Rs. 10,000 crores:

source the official website of Wikipedia is annexed herewith and

marked as Annexure P-2, (Pages to ) and how the

congress party won Lok Sabha Elections in year 2009 by offering

Loan waiving schemes, Copy of news report dated 15.12.2009

on the official website of Times of IndiaFarm loan waivers won

LS polls for Cong is annexed herewith and marked as Annexure

P-3 (pages to ). The common Indian voter is unable


to understand the negative affect/result of mis-managed public

funds on Economy. The Banks being the financial institutions are

not different from Big Corporates as they are incorporated under

the company laws with a profit motive and not for any charity

oriented or non-profit work. The funds available with the banks

are a form of deposits directly and indirectly related to general

public. In our Democratic country the general public elects its

representatives and bring them to power for the formulation of

such laws and policies which can provide overall growth and

development in all spheres of life whether it is health care,

education, employment, up-liftment of economic condition of

poor section, maintaining law and order and providing of welfare

benefits to the vulnerable section of society irrespective of cast

and creed. The usage of public fund is not decided by the

individual citizen but by ruling elected government whose funds

are financed by taxation.

7. Welfare of the general public in comparison to the self

interest of a person or group in which the whole society has a

stake and which warrants recognition, promotion, and protection

by the government and its agencies. Despite the vagueness of

the term, public interest is claimed generally by governments in

matters of state secrecy and confidentiality. It is approximated

by comparing expected gains and potential costs or losses

associated with a decision, policy, program.

8. Public funds should be considered as public goods in the

same way as that are of value to the public as a whole, and

which benefits everyone. The funds in the government treasury,

the funds which are mentioned by the government in their


budget, the funds in the Banks of both public and private sector

is the public money which belongs to the Country‘s Economy and

to its people for its rights and usages through the hands of

government. We should consider the importance of Public

Financial Management, PFM and how best can be done to

improve it, as a key element of statehood is the ability to tax

fairly and efficiently and to spend responsibly. These are

fundamental characteristics of ‗inclusive‘ state institutions, which

generate trust, promote innovative energies and allow societies

to flourish. Improving the effectiveness of a PFM system may

generate widespread and long-lasting benefits, and may in turn

help to reinforce wider societal shifts towards inclusive

institutions, and thus towards stronger states, reduced poverty,

greater gender equality and balanced growth.

9. The maintenance of aggregate fiscal discipline is the first

objective of a PFM system: it should ensure that aggregate

levels of tax collection and public spending are consistent with

targets for the fiscal deficit, and do not generate unsustainable

levels of public borrowing. Secondly, a PFM system should

ensure that public resources are allocated to agreed strategic

priorities, in other words that allocative efficiency is achieved.

Thirdly, the PFM system should ensure that operational efficiency

is achieved, in the sense of achieving maximum value for money

in the delivery of services. Finally, the PFM system should follow

due process and should be seen to do so, by being transparent,

with information publicly accessible, and by applying democratic

checks and balances to ensure accountability.


10. In the present Economic scenario in our country Economic

health of the states is going through crisis, as per the RBI

statistical report mentioning the state wise Fiscal Deficit, also the

banking system which is a major cause of current banking crisis

where huge asset liability mismatch exists . As mentioned by

Comptroller and Auditor General of India (CAG) Rajiv Mehrishi,

news report dated 24.10.2018 on the official website ofThe

Business standard Comptroller and auditor general questioned

role of RBI on NPA crisis. Copy of news report dated 11.09.2017

on the official website of federal reserve bank of San Francisco

Central and state governments waived Rs 890 Billion of farm

loans is annexed herewith and marked as Annexure P-4,

(pages to ) who questioned the role of Reserve Bank

of India in the present banking crisis, asking what the regulator

was doing when the banks were lending huge amounts that

resulted in asset-liability mismatch and huge loans. The banking

sector had non-performing assets (NPAs) or bad loans worth

over Rs 961000 crores by the end of 2017-18, according to

government data. The CAG also pointed out that there is a lack

of public policy debate or a narrative on the root causes of the

banking crisis; and also, nobody is talking or writing about the

role of the regulator. Despite from banks' own mismanagement

as well as theft of public money which are amongst the reasons

behind the banking sector mess, there is much more to this

which is complex to understand, as informed by CAG.From Rs

961000 crores banking sector NPAs as on March 31, 2018, Rs

85300 crores emanated from agriculture and allied activities

while the balance amount originated from loans to the industrial


sector. There is a news report dated 11.09.2017 on the official

website of federal reserve bank of San Francisco ,that India ‗s

Central and state governments waived Rs 890 Billion of farm

loans. Copy of news report dated 01.02.2017 on the official

website of Economic times Govt increased allowable provision to

Banks on NPA‘s to 8.5so as to reduce Banks‘ tax liabilities is

annexed herewith and marked as Annexure P-5, (pages to

). India dearly needs the structural reforms and a lot of these

relate to what the state governments can do in this direction.So

far as the economy of the country is concerned we all are losers

in the great game of farm loan waiving as reported in, news

report dated 14 June 2017 on the official website of Quartz India

: All the losers in the great Indian game of farm-loan waivers

Copy of news report dated 07.02.2017on the official website of

Indian Express Technical write- offs creates non transparency,

brings wrong doings: Former Deputy RBI governor is annexed

herewith and marked as Annexure: P -6 (pages to

).

11. The following Data explains the health of Economy due to

NPA‘s, Writing off of NPA‘s and loan waivers, these technical

write off‘s creates non transparency and brings wrong doings, as

mentioned by Former RBI Deputy Governor, news report dated

07.02.2017on the official website of Indian Express. Copy of

news report dated 23.06.2017 on the official website of scroll in

farm loan waivers are not same as corporate NPA‘s and its tough

to say which is worse is annexed herewith and marked as

Annexure: P-7 (pages to ). :NPA crisis: (PSBs) have

technically written-off loans worth Rs 2,72,558 crore, news


report dated 16.04.2018 on the official website of First Post

those Loans worth Rs 2.72 lakh crore written off since 2014 and

only Rs 29000 crores recovered. Copy of news report dated

16.04.2018 on the official website of First Post those Loans

worth Rs 2.72 lakh crore written off since 2014 and only Rs

29000 crores recovered is annexed herewith and marked as

Annexure P-8 (pages to ). Of the amount, a meagre

Rs 29,343 crore has been recovered, according to data available

with the Reserve Bank of India (RBI).Of the write-offs, the

biggest in a year happened at the Mumbai-traded State Bank of

India (SBI), which wrote off Rs 31,096 crore in the nine months

to 31 December, 2017.PSBs recovered a total of Rs 15,786 crore

over a twenty-one month period ended 31 December 2017 (the

first nine months of FY18 and all of FY17 put together). This data

was submitted by the Minister of State, Finance, Shiv Pratap

Shukla, on 27 March, 2018, in Parliament, News report dated on

the Official website of Economy Times Banks' NPA steadily rising

for past 8 years: Shiv Pratap Shukla. Copy of news report dated

04.05.2018 on the official website of The Jagran josh newspaper

RBI information stating the list of Public sector Banks having

highest share in NPA‘s 11-05-2017 is annexed herewith and

marked as Annexure P-9 (pages to ).

At present, Indian banks‘ total gross non-performing assets

(NPAs) stand at Rs 9 lakh crore. Of this, over 90 percent is with

state-run banks.The Finance minister Mr Arun Jaitely had stated

that around 6000 bank officers were found responsible for bad

loans, news report dated 28.12.2018 on the official website of

Times of India Finance Minister stating that over 6000 officers of


Public sector Banks held responsible for bad loans in FY 2017-18.

Copy of news report dated 21.05.2018on the official website

ofThe Business today Private Banks record 450% jump in NPA‘s

and ICICI Bank tops the list is annexed herewith and marked as

Annexure P-10 (pages to ). The Finance Minister

also proposed to increase allowable provision for Non-Performing

Asset from 7.5 per cent to 8.5 per cent. This will reduce the tax

liability of banks, news report dated 01.02.2017 on the official

website of Economic times, Govt increased allowable provision to

Banks on NPA‘s to 8.5 % as to reduce Banks‘ tax liabilities. Copy

of news report dated 31.05.2018 on the official website of The

Business today Bad loans of 38 listed banks collectively crossed

10.17 lakh crores in 4th quarter of financial year ending 2018 is

annexed herewith and marked as Annexure P-11, (pages

to ) The RBI‘s all-out war against NPAs began in January

2015 when the central bank put out rules for the early

recognition of stressed assets in the banking system and their

punitive provisioning. Till then, PSBs, which account for 70

percent of the banking system and almost 90 percent of bank

NPAs, were happily ever-greening bad loans of influential,

politically connected promoters via technical adjustments. The

infamous corporate-political nexus worked in full swing. Banks‘

recovery record from NPAs has been extremely poor. To

understand the gravity of the matter, just look at SBI‘s track

record. In fiscal year 2015 alone, SBI wrote-off loans worth Rs

23,973 crore while it recovered just Rs 317 crore. In the next

fiscal year fiscal year, it wrote off Rs 19,944 crore, whereas it

recovered Rs 3093 crore from loans that were written off. In


FY17, SBI wrote off loans worth Rs 27,574 crore, it recovered Rs

3,765 crore. In the subsequent fiscal year till December 2017, it

wrote off Rs 31, 096 crore, recovered mere Rs 3,221 crore.

12. India‘s state-run banks have been one of the biggest

recipients of taxpayers‘ money. The government announced a Rs

2.11 lakh crore capital infusion in state-run banks. Now, will the

transfer of assets worth Rs 4 lakh crore offer hope to India‘s

baking system? It is naïve to expect a significant outcome since

admitting to bankruptcy proceedings only ensures speedy

resolution of the case. If a bankrupt company fails to turn

around, lenders will have to sell its assets to recover money. The

problem is that there aren‘t enough buyers for such stressed

assets in India at prices the banks want, to compensate for their

losses.

13. The levy of farm loan waivers being announced by states

appears to have an unusual beneficiary: banks. The proportion

of bad loans in the priority sector of scheduled commercial banks

(SCB) fell from 47 per cent in 2003 to 25 per cent in 2017, while

NPAs of non-priority sector shot up from 51 per cent to 75 per

cent during the same period. Similarly, among PSBs, if priority

sector bad loans stood at 47 per cent in 2003, they fell to 21 per

cent in 2017.This figure for SBI—the country‘s largest lender—

reduced from 48 per cent to 20 per cent during the period.

Notwithstanding the waivers, gross NPAs for agriculture and

allied activities of all SCBs for the last three years, as reported

by RBI, shot up from Rs 51,964 crore as on March 2016 to Rs

85,482 crore on March 2018,the farm laon waivers help banks to

reduce priority sector , news report dated 24.07.2018 on the


official website of The Business today As per RBI data for FY

ending 31-03-2018 only two banks were in profit from the list of

21 Public Sector Banks. Copy of news report dated 24.07.2018

on the official website of The Business today As per RBI data for

FY ending 31-03-2018 only two banks were in profit from the list

of 21 Public Sector Banks. Annexure P-12, (pages to )

14. Also, NSSO, which conducted a situation assessment

survey of agricultural households in 2013, found that the

average loan outstanding per agricultural household stood at

47,000. It also estimated that at the all-India level, 25.8 per

cent of the loans were sourced from money lenders, at steep

interest rates. In order to prevent a debt spiral, the government

took initiatives to reduce the debt burden of farmers, while credit

was made available at a reduced interest rate of 7 percent.

Farmers can also avail of an interest subvention scheme from

the Department of Agriculture Cooperation and Farmers‘ Welfare

for short-term crop loans up to3 lakh. This offers interest

subvention of 2 percent per annum to banks on use of their own

resources. Besides, an additional 3 percent incentive is given to

farmers for prompt loan repayment, reducing effective interest

rate to 4 percent.

15. Further, in order to discourage distress sales by farmers

and to encourage them to store their produce in warehouses

against warehouse receipts, the benefit of interest subvention

scheme has been extended to small and marginal farmers

having kisan credit cards and storing produce in accredited

warehouses up to six months post-harvest on the same rate as

available to crop loans. Farmers affected by natural calamities


also get relief like interest subvention and loan restructure.

These directions have been so designed that the moment a

calamity is declared, they are set in motion without any

intervention.

Farm loan waivers are not the same as corporate NPAs –

and it‘s tough to say which is worse, news report dated

23.06.2017 on the official website of scroll : farm loan

waivers are not same as corporate NPA‘s and its tough to

say which is worse. Copy of the news report dated

24.10.2018 on the official website ofThe Business standard

Comptroller and auditor general questioned role of RBI on

NPA crisis is annexed herewith and marked as Annexure

P-13 (pages to ).

16. Farm loan waivers are direct costs for the state. Corporate

loans take a more circuitous route. The impact of farm loan

waivers and bad loans is vastly different on the national

accounts. ―Farm loan waiver is directly coming from the fiscal

budget. The burden will be borne by the respective treasury of

the state government. For instance, [Maharashtra]‘s fiscal


impact will be double the current fiscal deficit of the state. In

banks, the burden might fall on shareholder. Banks might write

it off but they continue the recovery process,‖ how much they

recover can be authenticated by Genuine Audit process only. The

remedial measures taken are quite different in farm loans from

corporate debt. While banks have a host of legal remedies such

as debt recovery tribunals and corporate debt restructuring when

companies default, a farm loan waiver simply comes as a

subsidy from the government. As a result, in case of stressed

corporate assets, the defaulting entity might end up losing the

whole company if they don‘t pay up on time even though the RBI

has not been able to make much of a progress to solve the NPA

problem through its slew of measures. Eventually, the burden of

corporate NPAs is going to fall on the shoulders of the

government which is at the helm of PSU banks who are

constantly vying for more funds.

17. It is unclear which will end up costing the government

more. A recently published paper by Credit Suisse estimated that

farm loan waivers across eight states including Madhya Pradesh,

Rajasthan, and Punjab would cost under Rs 2 lakh crore, with

that amount spread over a few years.―However, in our view, this

would be the upper end of the fiscal cost, and the final number

could be lower, and the fiscal cost may be spread over 2-4

years. [Tamil Nadu], for example, has already gone through a

waiver of co-operative bank loans worth Rs 60 billion over five

years; only the courts directive of extending it to other farmers

remains,‖ the paper stated. This is so because most of the

waivers announced come with conditions attached and not all


agricultural loans are waived off. Mostly, the interest is waived

off or the loan waiver is provided to only a certain set of

borrowers who are selected based on certain criteria. In the case

of Maharashtra, it was decided that only marginal and small

farmers who paid their loans regularly will get a waiver.At the

same time, corporate debt waivers are not as sweeping. While

the banks keep demanding additional capital from the

government, the current government provided only a promise of

infusing a total of Rs 70,000 crore in public sector banks over a

period of four years in August 2015 through the project

Indradhanush. Meanwhile, these banks are also supposed to

raise another Rs 1.1 lakh crore from the open market to meet

their capital requirements as NPAs go through the roof,

18. Both represent a moral hazard. Apart from the fiscal

burden, any kind of loan waiver come with the burden of moral

hazard that waiving off loans destroys credit culture–something

that even central bank governors have warned about. Handing

out waivers, this argument suggests, starts a vicious cycle of

people not paying their loans in the hope of getting a waiver in

the future. This further makes those who pay on time feel

cheated for being responsible with their money. The question

about moral hazards comes up most frequently with farm loan

waivers. ―I think it undermines an honest credit culture. It

impacts credit discipline. It plugs incentives for future borrowers

to repay. In other words, waivers endanger moral hazard,‖ RBI

Governor Urjit Patel said two days after Uttar Pradesh

announced a Rs 36,000 crore loan waiver scheme. But what

about the credit culture among the corporate? An analysis by


Mint of RBI data showed that only 6% of agricultural loans were

deemed to be defaults while companies didn‘t pay 14% of their

loans. This implies that companies fare worse than farmers in

paying back their dues. ―Even in the worst drought years (2015),

only 7.4% of agriculture loans were stressed. But nearly a fifth

of the corporate loan book was under stress despite profit

margins of companies showing some improvement in 2015-16‖.

19. However, with farm loans as well as NPAs of companies, it

is the banks who take the first hit and then it trickles down to

the citizens, the equivalence of farm loan waivers and corporate

Npa‘a are same thing or we can also say they are the two sides

of same coin, news report dated 10.01.2019 on the official

website livemint.com stated the equivalence of farm loan

waivers and corporate NPA‘s. Copy of news report dated

28.12.2018 on the official website of Times of India Finance

Minister stating that over 6000 officers of Public sector Banks

held responsible for bad loans in FY 2017-18 is annexed

herewith and marked as Annexure P-14 (pages to ).

So one might debate their contents and quantity, but the fact

remains that both should be anathema to a well functioning

political economy news report dated 15.01.2019 on the official

website the wire : Farm Loan waivers and corporate defaulters

are two sides of same coins. Copy of news report dated

10.01.2019 on the official website of Economic times Syndicate

bank hints that loan waiver may challenge NPA reduction efforts

is annexed herewith and marked as Annexure P-15 (pages

to ).
20. As per the news report dated 21.05.2018 on the official

website ofThe Business today Private Banks record 450% jump

in NPA‘s and ICICI Bank tops the list. Copy of news report dated

10.01.2019 on the official website livemint.com stated the

equivalence of farm loan waivers and corporate NPA‘s is annexed

herewith and marked as Annexure P-16, (pages to ).

The equivalence of farm loan waivers and corporate NPAs, news

report dated 23.06.2017 on the official website of scroll : farm

loan waivers are not same as corporate NPA‘s and its tough to

say which is worse. Copy of news report dated 15.01.2019 on

the official website the wire in Farm Loan waivers and corporate

defaulters are two sides of same coins is annexed herewith and

marked as Annexure P-17, (pages to ).

21. Large scale measures in agriculture sector and in setting

up agriculture support infrastructure needs to be taken up by the

government, the marketing component of the chain is weak and

the Government should bring ways for different items for

production: as per one district one agricultural produce, to be

decided by govt., instead of continuous production of traditional

items like wheat, rice and sugarcane. The govt. should buy

different agricultural produce and not only few traditional items

like wheat, rice, sugarcane from farmers, at an average market

rate and simultaneously improving the storage, transport and

processing facilities of grains, fruits and vegetables which will

prevent distress sale of produce, the most important need in

agriculture is the provision of ―measures for raising output and

good prices for production to create profits for farmers rather

than more credit which, in the absence of viable profit from


agriculture, pushes them back into a debt trap‖.If the

infrastructure in agriculture is in its place, this would incorporate

the farmers in the mainstream and it might put an end to the

incessant subsidies in agriculture. Presently farmer is forced to

sell the produce immediately after the harvest at MSP, as all the

farmers sell their produce at the same time (i.e. immediately

after harvest) the farmers receive less for their produce than

what they could have obtained at a later stage in the market.

This is because at the time of harvest, there is an excess supply

in the market and the prices are driven down. There is an urgent

need to device a mechanism to take care of this issue, because

farmers are not able to reap the full benefits of their labour,

these circumstances strongly raises the requirement for a

good agricultural policy for commercialization of agricultural

sector as without making the agriculture sector profit oriented

the condition of farmers can never be improved .

22. Loan waivers to farmers are no favour, they are being

given to compensate for not giving them market prices for crops

and to keep them fool forever, instead of government making

practical policies to help them, they are trying to make the

farmers dependent on government in absence of helpful policies

which can contribute in their growth and development.


While the immediate impact of this loan waiving is a big

relief for farmers, as he has been pointed out by many,

this causes a spurt in NPAs as farmers across the board

stop repaying loans in the hope their loans are also repaid

by the government. A graphic by Macquarie Research (see


graphics) shows how farm-loan NPAs for SBI rose from

around 3% when the UPA announced its loan waiver in

2008 to around 12% now; in the interim, several states

also announced their own loan waivers, adding to the

pressure to default.

As a result, a study by Kotak Institutional Equities Research

shows a sharp dip in loan growth at the national level after

the 2008 write off and, in Andhra Pradesh and Tamil Nadu

after their write offs in 2014 and 2016 respectively. This is

especially important given that it is only a small proportion of

farmers that get bank loans; any reduction in this means they

too have to borrow in informal markets at very high rates of

interest.

23. In other words, unless there is a farm loan waiver of

around Rs 1.5-2 lakh crore every year, farmers will continue to

be shortchanged; in the last decade, including the loans waived

by the three states the Congress won in just now, loan waivers
have averaged around Rs 28,000 crore each year; the actual

process take 2-3 years to complete, so farmers get no relief till

then,it is clear that loan waivers are not a substitute for freeing

markets, a task that no government, has been able to achieve in

the last 70 years. If we calculate the loan waivers of states: MP‘s

waiver will cost around Rs 35,000 crore. Chhattisgarh‘s waiver

will cost Rs 6,100 crore. Rajasthan‘s waiver will cost around Rs

18,000 crore. Following this, the Assam government announced

a Rs 600 crore waiver in the state. Gujarat also followed suit

with a Rs 650 crore waiver of farm electricity bills. Let‘s add the

others up from the recent past as well. Congress-ruled

Karnataka recently announced a farm loan waiver amounting to

Rs 44,000 crore. UP announced a farm loan waiver of Rs 36,000

crore. Maharashtra, announced a farm loan waiver of Rs 34,000

crore. Some other farm loan waivers include Andhra Pradesh at

Rs 3,600 crore; Telangana at Rs 3,000 crore; Tamil Nadu at Rs

1,800 crore and Punjab at Rs 1,500 crore.Let‘s do the math. The

total effectively comes to Rs 1, 84,250 crore(one lakh, eighty

four thousand, two hundred fifty crore)On the surface, this is a

significant chunk of change. So it is important that we examine

the concerns that have been expressed about these waivers.

a. Waivers are not good for the credit culture. If people

realize they don‘t have to repay loans, they will borrow

recklessly.

b. They do not benefit all the farmers. They only benefit 10-

15% of the farmers, who had taken loans from banks and

not from unorganized sectors. Clearly, this is quite

selective.
c. It‘s not a long-term solution for what ails India‘s

agriculture industry.

24. NPA stands for ―non-performing asset‖. It‘s a bit of jargon

in the banking industry to indicate that someone took a loan and

did not pay it back or will never pay it back. If someone took a

loan, they must repay it. If they did not repay it, the bank must

seize whatever collateral was used for the loan. Because,

otherwise, people will borrow recklessly, and that‘s not good for

the credit culture. So loan repayment must be strictly enforced.

We all have heard of the huge ―NPA problem‖ that all our banks

are saddled with. Essentially, it means companies have borrowed

huge sums of money but not repaid them. Now, instead of

seizing collateral, what have banks done? They engage in

questionable ―restructuring‖ of the loan – in other words,

extending the repayment period of the loan, even when nothing

has yet been paid back – so that they do not have to seize the

assets of the borrower. There is 7also some evidence to show

they may engage in a practice called ‗ever greening‘– a practice

whereby they give even more loans to the companies that have

not paid back previous loans. The logic is that they then may

earn enough revenue to get out of trouble and start repaying

their loans. After one or two cycles of restructuring and ever

greening, eventually the bank realizes that the loan will never be

repaid. In other words, it is a ―non-performing asset,‖ and will

have to be written off. No assets are seized, except maybe

worthless plots of land or empty buildings– if at all. In banking

parlance, it is said that the lending bank ―got a haircut.‖Do the

people who have taken such loans pay a penalty? Are they
blacklisted? Are they termed defaulters who can never again get

credit (because, you know, farmers who have defaulted on their

loans can never get loans again)? Wrong again. They will get

credit again and again, and may be allowed to default again and

again. Very little action will be taken against them.

25. List of Public Sector Banks which have highest share in

NPA, news report dated 04.05.2018 on the official website of The

Jagran josh newspaper RBI information stating the list of Public

sector Banks having highest share in NPA‘s 11-05-2017. Copy of

News Report dated 02.01.2019 on the official website of Indian

Express Farm loan waivers help reduce banks‘ priority sector

NPAs is annexed herewith and marked as Annexure P-18,

(pages to ) also to this the Syndicate Bank further

states about the negative effect of loan waiving on bank sector,

news report dated 10.01.2019 on the official website of

Economic times Syndicate bank hints that loan waiver may

challenge NPA reduction efforts. Copy of News report dated

17.03.2018 on the Official website of Economy Times Banks' NPA

steadily rising for past 8 years: Shiv Pratap Shukla is annexed

herewith and marked as Annexure P-19,(pages to ).

26. As on December 31, 2017, the gross Non-Performing

Assets (NPAs) of all the banks in the country amounted to Rs.

8.40 trillion. We are mentioning here the name of top 13 Public

Sector Banks which have highest share in the gross NPA;

Bank Name Gross NPA

1.State Bank of India Rs. 2.01 trillion


2. Punjab National Bank Rs. 552 billion

3. IDBI Bank Rs. 445 billion

4. Bank of India Rs.434 billion

5. Bank of Baroda Rs. 416 billion

6. Union Bank of India Rs. 380 billion

7. Canara Bank Rs. 377 billion

8. Central Bank of India Rs. 324 billion

9. Indian Overseas Bank Rs. 317 billion

10. UCO Bank Rs. 243 billion

11. Allahabad Bank Rs. 231 billion

12. Andhra Bank Rs. 215 billion

13. Corporation Bank Rs. 218 billion

The highest amount of gross NPAs is held by the country's

largest lender SBI amounts Rs. 2.01 trillion which is equal to

24.39% of the gross NPAs. Other Public Sector Bank includes;

Punjab National Bank (PNB) holds Rs. 552 billion and IDBI Bank

has Rs. 445 billion.It is interesting to know that Public Sector

Banks accounted for 88.74%of the total gross NPAs in December

2017 and top 5 among these banks is responsible for 46.76%

share of the gross NPA.Contrary to 19 PSBs, 21 private sector

banks have total gross NPAs of Rs 93,044 crore. 19 out of 21

private bank‘s gross NPAs is less than 1%, while only two PSBs-

Sind Bank and Vijaya Bank can claim this achievement.The

biggest reason behind the increasing NPAs of the Public Sector

Banks is the political interference in the functioning of the Public

Sector Banks.As of now Public Sector Banks and NPAs have


almost become synonymous. So there is an urgent need to do

appropriate banking reforms in the country.

27. Bad loans of the 38 listed banks collectively crossed Rs

10.17 lakh crore in Q4 FY18, which is not good for country‘s

economy report dated 31.05.2018 on the official website of The

Business today Bad loans of 38 listed banks collectively crossed

10.17 lakh crores in 4th quarter of financial year ending 2018.

Copy of news report dated 12.07.2018 on the official website of

RBI BANK Fiscal Position of State Governments is annexed

herewith and marked as Annexure P-20,(pages to ).

All the 38 listed banks accounted for gross NPAs totaling over Rs

10.17 lakh crore in the quarter ended March.Last week, a CARE

Ratings report had pointed out that the non-performing assets of

26 listed banks stood at Rs 7.31 lakh crore as per their declared

Q4 FY18 results. Since then, all the 12 remaining listed banks

have also announced their results, including Bank of Baroda,

Andhra Bank, Corporation Bank and private lenders like City

Union, Dhanlaxmi and KarurVysya. And the sorry figure has just

snowballed further. All the 38 listed banks accounted for gross

NPAs totaling over Rs 10.17 lakh crore in the quarter ended

March. In comparison, the gross NPAs of all the banks in the

country had amounted to Rs 8.40 lakh crore as on December 31,

2017.Worryingly, the daily Times of India added that in the

financial year 2014-15 banks could only recover 11.85 percent -

or Rs 6,968 crore - of the written-off accounts in that year. The

recovery figure improved slightly to 13.8 per cent the following

fiscal, or Rs 9,717 crore. Furthermore, the amount being


written-off is increasing every year by an average of around Rs

12,000 crore. This is significant because banks deduct the

written off amount from their gross NPA total. Imagine how

much worse the bad loan problem would appear otherwise.Of

course, it is worth remembering that the apex bank's revised

framework for resolving stressed assets, announced in February,

has played a major role in causing a jump in the NPAs. Hence,

the total provisions made during the year by the banks

cumulatively have also gone through the roof and their

profitability has taken a beating.From 21 Banks, only 2 Banks

reported profit in year ended 31st March 2018.

As can be seen from the table below, only two PSBs reported a

net profit in the year ended March 31 2018Vijaya Bank and

Indian Bank. The remaining 19 state-owned banks collectively

posted a net loss of over Rs 87,583 crore. In other words, these

banks ran up a loss of almost Rs 10 crore per hour during the

last fiscal.

Bank Net Loss FY18


State Bank of India 6547.45cr
Punjab National Bank 12282.82cr
Bank of India 6043.71cr
Bank of Baroda 2431.81cr

Allahabad Bank 4674.37cr

Andhra Bank 3412.53cr

Uco Bank 4436.37cr


IDBI Bank 8,238cr
Union Bank of India 5247cr
Central Bank of India 5104.91cr
Bank of Maharashtra 1373cr
Indian Overseas Bank 6299.49cr
Corporation Bank 4053.94cr
United Bank of India 1454.44cr
Oriental Bank of Commerce 5,872cr
Syndicate Bank 3223cr
Canara Bank 4,222cr
Punjab and Sind Bank 743.80cr
Dena Bank 1923 .15cr

ThePSBs that posted a profit


Vijaya Bank Rs727.02cr

IndianBank Rs1258.99cr

28. QUESTION OF LAW:-

That the following substantial question of law arises in this

petition for the consideration of this Hon‘ble Court:

(i) Whether the Respondents are rightly

permitting/doing WRITING OFF OF NPA‘s of Bank‘s

which is like camouflaging/tampering of financial

statements and annual Balance sheets which is

hiding the true and exact financial conditions of the

banks ?

(ii) Whether the Respondents have right in waiving of or

reduction of loans ?

(iii) Whether the Political parties can be permitted to

freely offer the manipulation of funds in Economy

through loan waiving and other monetary schemes in

their election manifestos ?

(iv) Whether the Central Government and State

governments should be asked to formulate an

agricultural policy of one district one agricultural

product based production and the state government

buy the produce at an average market fixed price


or any other policy which can make agriculture and

farming a profitable sector or establishes agriculture

as an profitable industry for better economic

condition of farmers ?

Hence the petitioner pray for the issuance of such

direction on the following grounds, and also such

other grounds as may be urged at the time of

hearing.

GROUNDS

A. That the Banks should be instructed to stop the practice of

TECHNICAL WRITING OFF OF NPA‘s so that the true and

exact financial conditions of the banks cannot be

camouflaged.

B. The System of waiving of loans should be stopped. The

Centre and State governments should not be permitted to

reduce or waive off loans.

C. Political parties should not be permitted to offer or

reducing any loan waiving schemes in their election

manifestos.

D. The Central Government and State governments should be

asked to formulate an agricultural policy of one district one

agricultural product based production at an average fixed

price offer by government to buy that produce or any other

policy which can help to convert agriculture and farming

into a profitable sector, which can help farmer to have a

better economic and living condition with a bright future in

agriculture and farming sector.


E. BECAUSE there is need to check the Funds in Economy due

to rising Fiscal deficits of states.

F. BECAUSE the Respondents have failed in its duty to ensure

transparency and fairness regarding the present issue.

G. That the present petition is bona-fide and the same may

be allowed in the Economic interests for citizens of this

country.

H. The Petitioner humbly requests indulgence of this Hon‘ble

Court to file further documents and to raise any other or

further ground(s) during the course of argument of the

present petition.

I. That the Petitioner has not filed any other or similar

petition in this Hon‘ble Court or any other Court claiming

the same relief.

PRAYER
The petitioner therefore pray that in the facts and circumstances

of the present case, this Hon‘ble Court may be pleased:-

a. To issue a writ of mandamus or any other

writ/order/direction of like nature, therefore directing

the respondents to implement the following suggestions

made by the Petitioner, and for seeking further

directions in this regards.

(i) That the Banks should be restrained from

TECHNICAL WRITING OFF OF NPA‘s so

that the true and exact financial

conditions of the banks cannot be

camouflaged.

(ii) The Banks should not be given any

benefit of allowable provision or other in


percentage to their Non Performing

Assets (NPA) which reduces their tax

liabilities.

(iii) The System of waiving of loans should be

stopped. The Centre and State

governments should not be permitted to

reduce or waive off loans.

(iv) Political parties should not be permitted

to offer loan waiving schemes or any

other monetary schemes in their election

manifestos.

(v) The Central Government and State

governments should formulate such an

agricultural policy which can make

agriculture a profitable industry and

assist farmer to become financially

prosperous and increases his interest in

agriculture and farming sector.

AND FOR THIS ACT OF KINDNESS THE PETITIONER ABOVE


NAMED AS IN DUTY BOUND SHALL EVER PRAY.
DRAWN BY FILED BY
Mrs. REENA.N. SINGH
Advocate

PREETI SINGH
(ADVOCATE FOR PETITIONER)
FILED On: 05.04.2019
IN THE HON’BLE SUPREME COURT OF INDIA
ORIGINAL WRIT JURISDICTION
WRIT PETITION (CIVIL) ________ OF 2019
IN THE MATTER OF:-

Mrs. REENA.N.SINGH

…PETITIONER

VERSUS

UNION OF INDIA AND ORS. …RESPONDENT

AFFIDAVIT
I Mrs. Reena.N. Singh, 207-208, Deep Plaza Near Civil Court
Gurgaon-122001, presently at New Delhi, do hereby solemnly
affirm, declare and depose as under:-

1) That I am the Petitioner in the present case and am well


conversant with the facts of the case and am competent to
swear this affidavit.

2) That the contents of the accompanying Writ Petition pages


_1 to 36 Paragraph 1 to 28 Grounds A to I. Synopsis and
list of dates from page B to G and accompanying
application(s) are true and correct to the best of my
knowledge and belief and nothing has been concealed
there from.

3) The Annexures annexed herewith are true copies of the


respective originals.

4) That there is no personal gain, private motive or oblique


reason in filing the present public interest litigation.

DEPONENT

VERIFICATION:-
Verified at New Delhi on this 4th day April 2019, that the
contents of my affidavit are true and correct to my knowledge,
belief and no part of it is false and nothing has been concealed
there from.

DEPONENT
ANNEXURE P-1

WIKIPEDIA

Year: 1990

FIRST AGRICULTURAL LOAN WAIVE OF Rs. 10000 CRORES

Loan waivers for loans taken by farmers are unique to India.

Economists have generally regarded this to be a populist and

fiscally risky measure that can cause long term problems. The

Loan Waivers can constitute a significant fraction of the GDP.

The first nation-wide farm loan waiver was implemented in 1990

by Janata Party government led by then Prime Minister V.P.

Singh and cost the government Rs 10,000 crores. A number of

agitations by farmers have been held demanding loan waivers,

and the political parties have capitulated or competed by

announcing Loan waivers for farmers.

(TRUE COPY)
ANNEXURE-P-2

QUARTZ INDIA

June 14, 2017

All the losers in the great Indian game of farm-loan waivers.

India‘s agrarian heartland is in deep distress and the farmers are

up in arms.In early June, Maharashtra witnessed massive

protests by the state‘s 13.6 million strong farming community,

which demanded a loan waiver. Farmers in the western Indian

state went on the rampage, vandalising vehicles and pouring

litres of milk onto state highways. Rattled, chief minister

Devendra Fadnavis announced farm loan waivers amounting to

at least Rs30,000 crore. In neighbouring Madhya Pradesh (MP),

farmer protests for loan waivers have turned deadly. On June

07, five people were shot dead by police at a protest

rally.Meanwhile, on April 04, the Bharatiya Janta Party (BJP)

government in Uttar Pradesh, the country‘s most populous state,

also announced a farm waiver, fulfilling a pre-poll promise it had

given to a troubled farm sector.India‘s farmers have had a rough

ride over the last decade. Prices of seeds and fertilizers have

remained high, even as droughts have hit production, and

middlemen abused farmers by buying produce for low prices.

The Narendra Modi government‘s demonetization move last

November also took the wind out of the hinterland. In effect,

farming income is down and loan servicing has become

difficult.Farm loans include all borrowings extended by banks

and financial institutions to farmers, including short- and


medium-term crop loans and other long-term credit facilities.

These loans are typically used by farmers for buying fertilizers,

seeds, irrigation equipment, and even for transporting the

produce. The maximum interest rate that banks can charge for

farm loans is 7%, and the government provides a subsidy of 3%

to farmers who are prompt in their repayments.So, while a loan

waiver should seem like a good idea for indebted farmers, there

is more than meets the eye.

(TRUE COPY)
ANNEXURE P-3

TIMES OF INDIA

15December, 2009

Farm loan waivers won LS polls for Cong

The UPA government‘s mega farm loan waiver scheme,

announced last year, has often been touted as a significant

factor in Congress‘s stunning victory in the 2009 parliamentary

elections. Now, there are numbers to back the claim. Figures

show that states which topped the list in waiving loans of

farmers are also those where Congress did surprisingly well in

the polls. Andhra Pradesh leads the chart with waivers totaling

Rs 11,353 crore. About 77.55 lakh farmers benefited from the

scheme. Congress bagged 33 LokSabha seats out of a total 42 in

the state, improving on its impressive 2004 tally of 29 seats.

Andhra Pradesh accounts for 17% of the total Rs 65,318 crore

written off by public sector banks (PSBs) so far under the debt

relief scheme announced by UPA-1 in 2008.Uttar Pradesh is

second among states and UTs with waivers amounting to Rs

9,000 crore to 54 lakh farmers, according to finance ministry

data. Congress claimed 21 seats in the state, ahead of BSP and

just two seats behind Samajwadi Party.Among other significant

states, Maharashtra clocked third position for having waived off

more than Rs 8,900 crore to 42 lakh farmers. Again, Congress

did well in the state and also returned to power in the assembly

polls. The connection between loan waivers and Congress‘s


performance works the other way round too. States where the

disbursement was comparatively low—Gujarat, Bihar, Himachal

Pradesh, Karnataka and Madhya Pradesh — sided with the

NDA.Enthused by the success of the scheme and the political

dividends it yielded, the UPA government has now extended it till

December 2009 from its earlier deadline of June.In the UPA

government‘s mega farm loan waiver scheme, announced last

year, disbursement to small and marginal farmers was meant to

be purely by eligibility. However, statistics throw up some

disturbing facts as well. States like Bihar and Punjab lag far

behind in terms of number of farmers having benefited from the

scheme. This may also suggest that small farmers in these

states are still marginalized when it comes to accessing

agricultural credit. Clearly, the task for UPA-II is cut out if it

wants to achieve its stated objective of inclusive growth.While

Bihar was at ninth position in the waiver chart with 17 lakh

farmers benefiting from the one-time settlement scheme and the

relief totaling Rs 3,158 crore, Punjab did not even figure among

the top ten. The waiver in this state amounted to Rs 1,223 crore,

extended to 18.44 lakh farmers.The scheme was announced in

the Union Budget 2008-09 and covered all agricultural loans

disbursed by scheduled commercial banks, regional rural banks

and cooperative credit institutions to small and marginal

farmers.According to the finance ministry, at least 3.69 crore

farmers benefited from the scheme till November 2009. The

government claims that all eligible farmers have been covered.

(TRUE COPY)
ANNEXURE-P-4

FEDERAL RESERVE BANK OF SAN FRANCISCO

September 11, 2017

India‘s Farm Loan Waiver Crisis

India‘s annual economic growth exceeds 7% and the country

just passed sweeping tax reforms. Despite this progress, it faces

a growing crisis over farm lending. Farmers are demanding loan

waivers that may cost up to 2.6% of GDP. They‘ve captured

headlines with their protests, destroying milk and agricultural

produce and taking even more extreme measures. Although

India‘s agricultural sector is in distress, loan waivers are a costly,

temporary solution to complex problems and will likely further

strain the country‘s public sector banks, already stressed by

asset quality problems.Seeds of Crisis: Following a good

monsoon in 2016, farmers expected a prosperous year,

particularly after droughts in both 2014 and 2015 caused

significant suffering in the countryside. However, a combination

of the sector‘s long-standing structural weaknesses, export

restrictions, a worldwide glut in farm commodities, and

demonetization, meant that a bumper crop led instead to a

collapse in prices. Amid this backdrop, Prime Minister Modi

promised to waive farmer loans in the run-up to state elections

in Uttar Pradesh. When the state minister announced the

fulfillment of this promise in April, farmers in other states began


agitating for loan waivers, leading to the current crisis. India‘s

agricultural sector‘s problems are long-standing: the country

suffers from small, inefficient land plots. Less than half of the

country‘s farmland is irrigated. While the harvest was plentiful

this year, inadequate infrastructure for transportation and

storage meant farmers could not get their goods to market or

store their crops to wait for better prices. An estimated one-third

of India‘s farm harvest spoils every year because there is not

enough storage and supply chain infrastructure.

(TRUE COPY)
ANNEXURE P-5

ECONOMY TIMES

01February, 2017

Arun Jaitley proposes tax concessions for banks grappling with

NPAs in Budget 2017

In a big relief to banks struggling with bad loans, the

government today proposed tax concession on provisions for

NPAs while announcing capital infusion of Rs 10,000 crore for

state-owned lenders.It also proposed that tax on interest will be

levied on actual receipts and not on accrual basis in respect of

Non Performing Asset (NPA) or bad loan accounts.BSE banking

index surged 2.76 per cent, a full percentage point more than

the BSE Sensex itself.Presenting Union Budget 2017-18 in

Parliament, Finance Minister ArunJaitley said: "In order to give a

boost to banking sector, I propose to increase allowable

provision for Non-Performing Asset from 7.5 per cent to 8.5 per

cent. This will reduce the tax liability of banks."He also proposed

to tax interest receivable on actual receipt instead of accrual

basis in respect of NPA accounts of all nonscheduled cooperative

banks as well, at par with scheduled banks.Currently banks can

claim deduction in respect of provision for bad and doubtful

debts.Jaitley also announced that Rs 10,000 crore will be infused

in public sector banks in the next fiscal and more will be

provided if required."As per the Indradhanush plan, the public

sector banks will be provided with Rs 10,000 crore in the next

fiscal. Additional allocation would be made if required," he


said.Under Indradhanush roadmap announced in 2015, the

government will infuse Rs 70,000 crore in state banks over four

years while they will have to raise a further Rs 1.1 lakh crore

from the markets to meet their capital requirement in line with

global risk norms, known as Basel--III.In line with the blueprint,

public sector banks has been given Rs 25,000 crore in each

fiscal, 2015--16 and 2016--17. Besides, Rs 10,000 crore each

would be infused in 2017--18 and 2018--19. The government

has already announced fund infusion of Rs. 22,915 crore, out of

the Rs 25,000 crore earmarked for 13 PSBs for the current fiscal.

Of this, 75 per cent has already been released to them. The first

tranche was announced with the objective of enhancing their

lending operations and enabling them to raise more money from

the market.

(TRUE COPY)
ANNEXURE P-6

THE INDIAN EXPRESS

February 7, 2017

Technical write-off creates non-transparency, brings wrong-

doings, says KC Chakrabarty

Chakrabarty spoke about the need for segment-wise disclosure

of write-offs and top 100 borrowers and mismanagement in

tackling bad loans. While the Economic Survey unveiled by the

government last week said that ―large write-offs will be required

to restore viability to the large IC1 companies (those companies

whose earnings do not even cover their interest obligations)‖,

former Reserve Bank Deputy Governor KC Chakrabarty has

questioned the practice of ―technical write-offs‖ stating such

write-offs are scandals that create non-transparency, destroy the

credit risk management system and bring all types of wrong-

doings into the system.Why do you think technical write-off by

banks is a bad idea?The word ‗technical write-off‘ is not used

anywhere in the world. What‘s there to write off? We have

invented two words. We don‘t consider ‗technical write-off‘ as

write-off… as use it as per our convenience. There‘s nothing like

technical write-off. It‘s non-transparent and it‘s without any

policy. There‘s possibility of wrong-doing. Write-off is legitimate

financial tool. If the borrower doesn‘t pay back the money and if

you‘re (bank) not able to recover that money, you have to write

off that loan. That‘s when all of a sudden some crisis has

happened, but write-off is less and generally banks make the

provisions. I have nothing against write-off but it‘s to be done


scarcely and within a policy with all efforts to recover the money.

Any asset which is backed up by tangible asset is never written

off. Secondly, you must be subject to scrutiny for these write-

offs. There must be a policy. You ask any bankers. They have

written off Vijay Mallya‘s loan. Then how are they going to

recover that money? All I am saying is that write off the loan as

per the policy but that has to be done by somebody who is

authorised to do it. Use it very sparingly and do it where it‘s

essential. If there‘s asset, why are you writing it off?

(TRUE COPY)
ANNEXURE P-7

SCROLL.IN

23June, 2017

Farm loan waivers are not the same as corporate NPAs–and it‘s

tough to say which is worse, While both have huge monetary

implications, farm loans directly come from the state budget

while corporate non-performing assets have some hope of

recovery.Karnataka became the latest state to announce a loan

waiver for farmers, saying this week that it would waive off Rs

8,165 crore worth of agricultural loans taken from co-operative

banks. The move came following similar and much bigger

waivers from other states including Punjab, Maharashtra and

Uttar Pradesh, while demands for similar schemes are starting to

echo around the country. Not everyone is happy about the

waivers: On Thursday, Union Minister Venkaiah Naidu called

them a ―fashion‖ and said they should only be used for

emergencies. But the counter debate has also been strong, with

one of the central arguments saying governments are hesitant to

help out needy farmers, even as large companies with huge non-

performing assets are being offered bailouts. ―Agriculture is

indeed a state subject,‖ wrote analyst Devinder Sharma, ―but

when it comes to industry, which is also a state, subject, the

finance ministry has no qualms about writing-off of the massive

bad debt.‖ Many argue that the government has given banks a

free hand in lending to big corporate clients.

(TRUE COPY)
ANNEXURE P-8

FIRST POST

16 April, 2018

NPA crisis: Loans worth Rs 2.72 lakh cr written-off since NDA

government took over in 2014; just Rs 29,000 cr recovered.

Over a roughly three-and-a-half year period, from when

NarendraModi took charge as Prime Minister in mid-2014, to the

end of December 2017, India‘s public sector banks (PSBs) have

written-off loans worth Rs 2,72,558 crore. Of the amount, a

meagre Rs 29,343 crore has been recovered, according to data

available with the Reserve Bank of India (RBI).Of the write-offs,

the biggest in a year happened at the Mumbai-traded State Bank

of India (SBI), which wrote off Rs 31,096 crore in the nine

months to 31 December, 2017.PSBs recovered a total of Rs

15,786 crore over a twenty-one month period ended 31

December 2017 (the first nine months of FY18 and all of FY17

put together). This data was submitted by the Minister of State,

Finance, Shiv PratapShukla, on 27 March, 2018, in Parliament.

Bank Loan write-offs in Rs crore Recovery of loan

in Rs crore

FY 15 FY 16 FY 17 FY 18 FY FY FY FY 18
15 16 17

AllahabadBank 2109 2126 2442 2856 257 0 0 0

AndhraBank 1124 814 1623 957 76 0 0 112

BankofBaroda 1563 1554 4348 3106 0 221 327 367


BankofIndia 866 2374 7346 7094 363 243 255 238

BankofMaharas 264 903 1374 1817 98 68 38 69


htra
CanaraBank 1472 3387 5545 3513 1693 313 489 753

CentralBankof 1386 1334 2396 1714 0 111 121 262


India
CorporationBa 779 2495 3574 3942 99 106 136 221
nk
DenaBank 515 760 833 435 34 66 115 56

IDBIBankLimit 1609 5459 2868 6632 54 140 159 126


ed
IndianBank 550 926 437 1122 0 353 150 182

IndianOversea 2087 2067 3066 3250 0 7 1 2


sBank
OrientalBanko 925 1668 2308 2500 431 234 291 149
fCommerce
PunjabandSin 263 335 491 280 42 34 26 38
dBank
PunjabNationa 5996 6485 9205 6128 1017 2298 2133 822
lBank
SyndicateBank 1055 1430 1271 1607 465 387 376 307

StateBankofIn 23973 19944 27574 31096 317 3093 3765 3221


dia
UCOBank 0 1573 1937 2577 0 0 0 0

UnionBankofI 931 792 1264 2244 317 186 19 18


ndia
UnitedBankofI 761 649 714 464 61 111 127 82
ndia
VijayaBank 791 510 1068 938 137 127 153 83

TOTAL 49018 57585 81683 84272 5461 8096 8680 7106

(TRUE COPY)
ANNEXURE P-9

THE JAGRANJOSH

04 May, 2018

List of Public Sector Banks which have highest share in NPA

Accordingly to RBI, with effect from March 31, 2004, a Non-

Performing Asset (NPA) shall be a loan or an advance where;As

on December 31, 2017, the gross Non-Performing Assets (NPAs)

of all the banks in the country amounted to Rs. 8.40 trillion.The

industry accounts for highest NPA, Rs. 6.09 trillion or 20.41% of

the gross advances given by the scheduled commercial banks.

Service sector accounts for Rs. 696 billion (6.53%) and

agriculture and allied activities is holding the NPA of Rs. 149

billion.

List of top 15 Private Sector Banks in India

In this article we are publishing the name of top 13 Public Sector

Banks which have highest share in the gross NPA;

Bank Name Gross NPA

1.State Bank of India Rs. 2.01 trillion

2. Punjab National Bank Rs. 552 billion

3. IDBI Bank Rs. 445 billion

4. Bank of India Rs.434 billion

5. Bank of Baroda Rs. 416 billion

6. Union Bank of India Rs. 380 billion


7. Canara Bank Rs. 377 billion

8. Central Bank of India Rs. 324 billion

9. Indian Overseas Bank Rs. 317 billion

10. UCO Bank Rs. 243 billion

11. Allahabad Bank Rs. 231 billion

12. Andhra Bank Rs. 215 billion

13. Corporation Bank Rs. 218 billion

The highest amount of gross NPAs is held by the country's

largest lender SBI amounts Rs. 2.01 trillion which is equal to

24.39% of the gross NPAs. Other Public Sector Bank includes;

Punjab National Bank (PNB) holds Rs. 552 billion and IDBI Bank

has Rs. 445 billion.It is interesting to know that Public Sector

Banks accounted for 88.74% of the total gross NPAs in

December 2017 and top 5 among these banks is responsible for

46.76% share of the gross NPA.Contrary to 19 PSBs, 21 private

sector banks have total gross NPAs of Rs 93,044 crore. There are

19 out of 21 private bank‘s gross NPAs is less than 1%, while

only two PSBs- Sind Bank and Vijaya Bank can claim this

achievement. The biggest reason behind the increasing NPAs of

the Public Sector Banks is the political interference in the

functioning of the Public Sector Banks.As of now Public Sector

Banks and NPAs have almost become synonymous. So there is

an urgent need to do appropriate banking reforms in the

country.

(TRUE COPY)
ANNEXURE P-10

BUSINESS TODAY

21 May, 2018

Private banks record 450 per cent jump in NPAs, ICICI Bank tops

the list: Report

Non-Performing Assets or NPAs are on a rise in private sector

banks. In last five years, private banks have recorded a 450 per

cent jump in gross NPAs. According to a report in the Indian

Express, the gross NPAs of private banks have grown from Rs

19,800 crore in FY 2013-2014 to Rs 109,076 crore in March

2018.Among the banks that have accumulated a massive rise in

bad loans are ICICI Bank, Axis Bank, HDFC Bank, Kotak

Mahindra Bank, Federal Bank and Yes Bank. ICICI Bank topped

the NPA list with Rs 54,063 crore in bad loans. It has recorded a

514 per cent jump in NPAs in five years - from Rs 10,506 crore

in FY 2013-14 to Rs 54,063 crore in March 2018, the IE report

said. Axis Bank registered a 988 per cent jump in its bad debts

in last five financial years. The Bank's bad loans have gone up

from Rs 3,146 crore in FY 2013-14 to Rs 34,249 crore in FY

2017-18, the report said. The RBI had recently slapped a penalty

of Rs 3 crore on Axis Bank for violations of NPA classification.

According to the report, HDFC Bank's bad loans jumped from Rs

2,989 crore to Rs 8,607 crore in the last five financial years.

Kotak Mahindra Bank's gross NPA rose from Rs 1059 crore to Rs

3825 crore during the same period. Yes Bank's NPAs went up

from Rs 175 crore in FY 2013-14 to Rs 2627 crore in 2018. Last


year, the RBI in a risk assessment found that Yes Bank had

under-reported its NPAs by Rs 6350 crore. Yes Bank is not alone

in under-reporting NPAs. From ICICI to HDFC to Axis Bank, all

have faced flak from the RBI for asset divergence. In March

2017, the RBI in its assessment had found that HDFC had under-

reported its NPAs by Rs 2052 crore. This year in February, the

apex bank restructured the asset classification rules for early

identification and reporting of NPAs. After the changes in rules,

banks will now have to work out a resolution plan for defaults

within 180 days. Not only this, the regulator has also sought to

reclassify loans given by a consortium as non-performing for all

the lenders involved if it was considered non-performing on the

books of one of them.RBI Deputy Governor NS Vishwanathan

had recently said that some banks were not following the rules

of asset classification properly. He further said that the

divergences used to happen earlier as well, but what has

changed the narrative now is the mandatory disclosure of the

divergences. The top bank last year made it mandatory for the

lenders to report if the difference between its disclosed numbers

and the RBI's risk assessment findings exceed 15 per cent.

(TRUE COPY)
ANNEXURE P-11

THE BUSINESS TODAY

31 May, 2018

Bad loans of the 38 listed banks collectively crossed Rs 10.17

lakh crore in Q4 FY18

Last week, a CARE Ratings report had pointed out that the non-

performing assets of 26 listed banks stood at Rs 7.31 lakh crore

as per their declared Q4 FY18 results. Since then, all the 12

remaining listed banks have also announced their results,

including Bank of Baroda, Andhra Bank, Corporation Bank and

private lenders like City Union, Dhanlaxmi and KarurVysya. And

the sorry figure has just snowballed further. All the 38 listed

banks accounted for gross NPAs totaling over Rs 10.17 lakh

crore in the quarter ended March. In comparison, the gross NPAs

of all the banks in the country had amounted to Rs 8.40 lakh

crore as on December 31, 2017.There's more bad news. In

response to an RTI filed by The Times of India, the RBI disclosed

that the scheduled commercial banks (SCBs) cumulatively wrote

off as much as Rs 2.25 lakh crore through the five-year period

that ended in March 2016. These SCBs - covering private

lenders, PSBs, foreign banks, regional rural banks and some co-

operative banks-account for over 95 per cent of the total formal

credit disbursed in the country.Worryingly, the daily added that

in the financial year 2014-15 banks could only recover 11.85

percent-or Rs 6,968 crore-of the written-off accounts in that

year. The recovery figure improved slightly to 13.8 per cent the
following fiscal, or Rs 9,717 crore. Furthermore, the amount

being written-off is increasing every year by an average of

around Rs 12,000 crore. This is significant because banks deduct

the written off amount from their gross NPA total. Imagine how

much worse the bad loan problem would appear otherwise.Of

course, it is worth remembering that the apex bank's revised

framework for resolving stressed assets, announced in February,

has played a major role in causing a jump in the NPAs. Hence,

the total provisions made during the year by the banks

cumulatively have also gone through the roof and their

profitability has taken a beating.As can be seen from the table

below, only two PSBs reported a net profit in the year ended

March 31- Vijaya Bank and Indian Bank. The remaining 19 state-

owned banks collectively posted a net loss of over Rs 87,583

crore. In other words, these banks ran up a loss of almost Rs 10

crore per hour during the last fiscal. No wonder they are only

able to offer their employees a wage hike of 2 per cent.In the

bargain, the rest of us have to deal with a crippling two-day

bank strike by the protesting employees. Nearly 10 lakh

employees - from not just the PSBs but also 13 old-generation

private sector banks, six foreign banks and 56 regional rural

Bank Net Loss FY18


State Bank of India 6547.45crore
Punjab National Bank 12282.82cr
Bank of India 6043.71cr
Bank of Baroda 2431.81cr

Allahabad Bank 4674.37cr

Andhra Bank 3412.53cr


Uco Bank 4436.37cr
IDBI Bank 8,238cr
Union Bank of India 5247cr
Central Bank of India 5104.91cr
Bank of Maharashtra 1373cr
IndianOverseas Bank 6299.49cr
Corporation Bank 4053.94cr
United Bank of India 1454.44cr
Oriental Bank of Commerce 5,872cr
Syndicate Bank 3223cr
Canara Bank 4,222cr
Punjaband Sind Bank 743.80cr
Dena Bank 1923 .15cr

The PSBs that posted a profit


Vijaya Bank Rs727.02cr
IndianBank Rs1258.99cr

banks across the country - boycotted work yesterday, according

to the All India Bank Employees Association. "The strike call

evoked good response. About 85,000 bank branches spread

across the country were closed," the union's general

secretary,C.H. Venkatachalam told IANS. More of the same is

expected to play out today, unless the Indian Banks Association

agrees to their demand for an expeditious and adequate wage

revision settlement for all employees, including general

managers.

(TRUE COPY)
ANNEXURE P-12

RBI

24 July, 2018

Bank-wise details of gross NPAs as of March 2018, and operating

profit, provision done and net profit/loss in FY 2017-18, are

given below:

S. Bank As on FY 2017-18 Amounts in crore Rs.


31.3.2018
No. Gross NPA Operating Provisioning Net
ratio (%) profit done profit(amounts
with a minus
sign are
losses)
1 Allahabad Bank 16.0 3,438 8,113 -4,674

2 Andhra Bank 17.1 5,361 8,774 -3,413

3 Bank of Baroda 12.3 12,006 14,437 -2,432

4 Bank of India 16.6 7,139 13,183 -6,044

5 Bank of 19.5 2,191 3,337 -1,146

Maharashtra

6 Canara Bank 11.8 9,548 13,770 -4,222

7 Central Bank of 21.5 2,733 7,838 -5,105

India

8 Corporation 17.4 3,950 8,004 -4,054

Bank

9 Dena Bank 22.0 1,171 3,094 -1,923

10 IDBI Bank 28.0 7,905 16,142 -8,238

Limited

11 Indian Bank 7.4 5,001 3,742 1,259

12 Indian Overseas 25.3 3,629 9,929 -6,299


Bank

13 Oriental Bank of 17.6 3,703 9,575 -5,872

Commerce

14 Punjab & Sind 11.2 1,145 1,889 -744

Bank

15 Punjab National 18.4 10,294 22,577 -12,283

Bank

16 State Bank of 10.9 59,511 66,058 -6,547

India

17 Syndicate Bank 11.5 3,864 7,087 -3,223

18 UCO Bank 24.6 1,334 5,771 -4,436

19 Union Bank of 15.7 7,540 12,787 -5,247

India

20 United Bank of 24.1 1,025 2,479 -1,454

India

21 Vijaya Bank 6.3 3,098 2,371 727

(TRUE COPY)
ANNEXURE P-13

BUSINESS STANDARD

24 October, 2018

What was RBI doing, asks CAG Rajiv Mehrishi on NPA crisis in

banks

Comptroller and Auditor General of India (CAG) Rajiv Mehrishion

Tuesday questioned the role the of Reserve Bank of India in the

present banking crisis, asking what the regulator was doing

when the banks were lending huge amounts that resulted in

asset-liability mismatch and huge bad loans.The banking sector

had non-performing assets (NPAs) or bad loans worth over Rs

9.61 trillion by the end of 2017-18, according to government

data. "In the present banking crisis, we all have a narrative

about how it can be sorted out, recapitalization of course, which

is a very strange word to be used for the subsidies, but nobody

is asking the real question that what actually the regulator

(Reserve Bank) was doing. What is its role, what is its

responsibility?," he asked while speaking a the launch of Indian

School of Public Policy (ISSP).The major cause of current

banking crisis is huge asset liability mismatch; but nobody is

talking about this, there is a lack of public policy debate,

Mehrishi said.He said India lacks a flourished bond markets in

absence of which the banks are forced to lend to long-gestation

infrastructure projects. And when these projects run into any

hurdle, their difficulties percolate into the difficulties of the

banks, he said.The CAG also pointed out that there is a lack of


public policy debate or a narrative on the root causes of the

banking crisis; and also, nobody is talking or writing about the

role of the regulator.Despite from banks' own mismanagement

as well as theft of public money which are amongst the reasons

behind the banking sector mess, there is much more to this

which is complex to understand, he said further."If the banks

were going berserk with their lending, then what was the

regulator doing? And if it (regulator RBI) is accountable for this

crisis or not, that is also a narrative nobody is talking about," he

said.Of the over Rs 9.61 trillion banking sector NPAs as on March

31, 2018, Rs 853 billion emanated from agriculture and allied

activities while the bulk of Rs 70.3 million originated from loans

to the industrial sector.Speaking on economic reforms and the

centre-state relationships in enacting changes, the chairman of

the 14th Finance Commission and former Revenue Secretary N K

Singh said the centre alone cannot bring about the economic

overhauling."The economic reforms cannot merely be taken by

the central government.For example labour reforms and the land

reforms, it has been left to the skills of state government what

they want to enact and believe the changes needed for economic

reforms," Singh said.He also talked about the pedagogy built

around the centre-state relationships and the unfinished agenda

of India's important economic reforms and said mere tinkering

will not do and deep structural reforms are needed.He said India

dearly needs the structural reforms and a lot of these relate to

what the state governments can do in this direction.The Indian

School of Public Policy will begin its first batch of one-year full-

time programme in public policy, design and management to


professionals with 2-3 years of relevant experience from

2019.The school intends to develop a new class of policy leaders

for India by equipping policy professionals with knowledge, skills,

wisdom and ethics to understand, design and implement local

solutions to India's enduring policy and governance challenges,

ISPP said.

(TRUE COPY)
ANNEXURE P-14

THE TIMES OF INDIA

28 December, 2018

Over 6,000 officers of PSBs held responsible for bad loans in

FY18: Jaitley

The government Friday said action has been taken against more

than 6,000 officers of nationalised banks last fiscal in cases of

lapses that led to bad loans. In written reply, Finance Minister

ArunJaitley said that minor and major penalties have been

imposed against erring officials. These include dismissal,

compulsory retirement and demotion. "As per the inputs

received from nationalized banks, in FY 2017-18, 6,049 officers

have been held responsible on account of staff delinquency in

NPA accounts," Jaitley said. Depending upon the gravity of

lapses, the minister said "minor penalty/ major penalty have

been imposed against erring officials" and in all the cases,

depending upon the amount involved, CBI and police complaints

have been lodged. The 19 nationalised banks, including PNB and

Canara Bank, reported a net loss of Rs 21,388 crore in the first

half of the fiscal. This compares with a combined loss Rs 6,861

crore in the similar period of 2017-18.Meanwhile, Minister of

State for Finance Shiv PratapShukla said that no loan account of

state-owned banks with outstanding of over Rs 25 crore has

been "declared as evergreen" since June 2014. In another

written reply to the lower House, Shukla said as a result of

transparent recognition of bad loans, the non-performing asset


(NPA) amount of all commercial banks rose from Rs 5.66 lakh

crore at end-March 2016 to Rs 9.62 lakh crore at end of March

2018. Since then the amount has declined to Rs 9.43 lakh crore.

He further said the public sector banks have reported a "record

recovery" of Rs 60,713 crore in the first half of the current

financial year. This, he said, was double the amount recovered

by them during corresponding period of the last financial year.

NKD CS BAL

(TRUE COPY)
ANNEXURE P-15

LIVEMINT.COM

01 January, 2019

Syndicate Bank hints that loan waiver may challenge NPA


reduction efforts

KOCHI: Syndicate BankNSE 0.45 % has hinted that the spate of

farm loan waivers by several states in the recent times may

challenge its efforts to reduce NPA.The bank, which is hoping to

break even at the end of this fiscal year, has taken a series of

measures to bring down NPA level. ―We expect to reduce net

NPA from 6.9% to below 6 and the gross NPA from 12.9% to

below 12 at the end of the year,‘‘ said S Krishnan, executive

director of the bank.The bank has sizeable NPA exposure in

corporate and agriculture sectors. "The farm loan waiver is a

matter of concern for us and could make recovery difficult, he

said adding that it wouldn‘t hit the bank recovery measures.The

bank has started seven stress asset management branches in

the country with instructions to recover NPA above Rs 5 crore.

The stress asset management branch usually deal with NPA of Rs

50 crore and above.The bank is expecting a growth of 3 to 5% in

the current year. "We hope to move into the major bank

category in the next six months by taking our total business to

Rs 5 lakh crore,‘‘ Krishnan said. The bank recently proposed to

raise Rs 500 crore by issuing stock to its members under the

ESPS scheme. It is also looking at other avenues like rights and

bond issues to raise capital. Our capital is adequate for the

current needs. But we need capital for growth in future,‘‘ he

said.

(TRUE COPY)
ANNEXURE P-16

ECONOMICS TIMES

10 January, 2019

The equivalence of farm loan waivers and corporate NPAs

The problem of the spendthrift farmer and that of the flagrant

corporate firm are two sides of the same coin. A recent

newspaper headline read: ―Farmer BijayLallya arrested at IGI

Airport trying to flee the country over non-payment of bank

loans of ₹ 5 lakh." As you might have guessed, this headline is

made up. An instinctive reaction would be to ask—―How can

farm loan waivers have anything in common with Corporates‘

non-performing assets (NPAs)? Isn‘t one decision entirely

political and the other entirely commercial?" But first impressions

can be deceptive.A farm loan waiver is a sector-wide

extinguishing of loans mandated by the government, usually

before an election, with the exchequer compensating banks. On

the other hand, a corporate NPA represents a business failure,

for reasons internal and external, and triggers a bankruptcy

process to recover dues by financial creditors to the maximum

extent possible—either through resolution or through liquidation.

A bankruptcy process does not imply any liability of the

government, unless very large in magnitude. The government

obligation can be more pressing if NPAs originate in public sector

banks or are due from public sector corporations. A key

underpinning of bankruptcy procedures is the limited liability

clause that protects the assets of promoters unless explicitly


pledged. Corporate bankruptcy, therefore, is a simultaneous

process of cleansing bank balance sheets and a mechanism

allowing optimal risk-taking by entrepreneurs. Effective

functioning of a bankruptcy law is expected to enable the

generation of new cycles of credit, with credit flowing to better

projects in similar or entirely new sectors. On the other hand, a

farm loan waiver impedes the flow of such credit as structural

problems besetting agriculture are typically not addressed.

Couched in these terms, corporate bankruptcies and farm loan

waivers appear to have nothing in common. The equivalence

arises when conditions warrant that the state must indirectly

bear the burden of corporate NPAs by infusing funds into banks,

as had happened in the US following the 2008 financial crisis and

as is happening now in India. Equivalence can also be drawn

when the problem of corporate NPAs repeats itself in the same

sectors implying that, for some reason, banks keep lending to

the same sectors even in the absence of structural

improvements. Persistent problems in power and infrastructure

sectors and the fate of development finance institutions before

some of them converted to universal banks immediately come to

mind.

(TRUE COPY)
ANNEXURE P-17

BUSINESS TODAY.IN

15 January, 2019

Farm Loan Waivers and Corporate Defaulters are Two Sides of

the Same Coin

Why is Rs 1.84 lakh crore a "frightening challenge" for banks,

but Rs 10.17 lakh crores not?The great farm loan waiver debate

is back. The Congress kicked it off this time with the

announcement of waivers in the newly-elected governments of

Chhattisgarh, Madhya Pradesh, and Rajasthan. This was followed

up by similar announcements from BJP-ruled Gujarat and

Assam. Rahul Gandhi even went onto to demand a nation-wide

farm loan waiver from Prime Minister NarendraModi.As if on cue,

India‘s bankers and economists claim to be alarmed.United Bank

of India‘s MD, Ashok Kumar Pradhan, said, ―It is a deadly poison.

It‘s a wrong way of addressing the real issue.‖―It is not good for

the country‘s credit culture,‖ said MrutyunjayMahapatra,

managing director at Syndicate Bank.―Clearly, (this is) a

frightening challenge for Indian banks!‖ said SoumyaKantiGhosh,

SBI group‘s chief economic adviser, reacting to the information

that the combined waiver amount may be Rs 60,000-70,000

crore.The government‘s think-tank, the NITI Aayog, pointed out

that farm loan waivers only benefit 10-15% of all farmers, as the

rest do not have access to institutional loans.

(TRUE COPY)
ANNEXURE P-18

THE NEW INDIAN EXPRESS

02 January, 2019

Farm loan waivers help reduce banks‘ priority sector NPAs

Owing to this, the top three private carriers posted humongous

losses in second quarter of this fiscal.The bevy of farm loan

waivers being announced by states appears to have an unusual

beneficiary: banks. The proportion of bad loans in the priority

sector of scheduled commercial banks (SCB) fell from 47 per

cent in 2003 to 25 per cent in 2017, while NPAs of non-priority

sector shot up from 51 per cent to 75 per cent during the same

period. Similarly, among PSBs, if priority sector bad loans stood

at 47 per cent in 2003, they fell to 21 per cent in 2017.This

figure for SBI — the country‘s largest lender — reduced from 48

per cent to 20 per cent during the period. According to Nabard,

various state governments have announced their own schemes

for farm loan waivers, which banks implement as per the

operational guidelines issued by the concerned state

government. Notwithstanding the waivers, gross NPAs for

agriculture and allied activities of all SCBs for the last three

years, as reported by RBI, shot up from Rs 51,964 crore as on

March 2016 to Rs 85,482 crore on March 2018.Also, NSSO,

which conducted a situation assessment survey of agricultural

households in 2013, found that the average loan outstanding per

agricultural household stood at `47,000. It also estimated that

at the all-India level, 25.8 per cent of the loans were sourced
from money lenders, at steep interest rates. In order to prevent

a debt spiral, the government took initiatives to reduce the debt

burden of farmers, while credit was made available at a reduced

interest rate of 7 per cent. Farmers can also avail of an interest

subvention scheme from the Department of Agriculture

Cooperation and Farmers‘ Welfare for short-term crop loans up

to `3 lakh. This offers interest subvention of 2 per cent per

annum to banks on use of their own resources. Besides, an

additional 3 per cent incentive is given to farmers for prompt

loan repayment, reducing effective interest rate to 4 per

cent.Further, in order to discourage distress sales by farmers

and to encourage them to store their produce in warehouses

against warehouse receipts, the benefit of interest subvention

scheme has been extended to small and marginal farmers

having kisan credit cards and storing produce in accredited

warehouses up to six months post-harvest on the same rate as

available to crop loans. Farmers affected by natural calamities

also get relief like interest subvention and loan restructure.

These directions have been so designed that the moment a

calamity is declared, they are set in motion without any

intervention.

(TRUE COPY)
ANNEXURE P-19

THE ECONOMICS TIMES

17 March, 2018

Banks' NPA steadily rising for past 8 years: Shiv PratapShukla

The finance ministry today informed the Lok Sabha that bad

loans in the banking sector have been rising steadily for the past

eight years and in case of state-run banks it crossed Rs 7.77

lakh crore at December-end 2017.In different written replies in

the house, Minister of State for Finance Shiv Pratap Shukla said

gross non-performing assets (NPAs) under the 'Industry-Large'

category for all banks soared to Rs 5.27 lakh crore as on

December 2017 from Rs 1.23 lakh crore on March 31,

2015.Citing RBI data, the minister said the gross NPAs of public

sector banks on December 31, 2017 were Rs 7.77 lakh crore."As

per the RBI data, gross NPAs of scheduled commercial banks

have been rising steadily since the last eight financial years,"

Shukla said. In another reply, the minister said that corporate

lending by banks have increased from Rs 31.12 lakh crore in

March 2013 to Rs 40.66 lakh crore at December-end 2017.

(TRUE COPY)
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. OF 2019

IN THE MATTER OF:

Reena.N.Singh … Petitioner
Versus
Union of India & Others. …Respondents

AN APPLICATION FOR STAY


TO,
HONBLE THE CHIEF JUSTICE OF INDIA AND
HIS COMPANION JUDGE OF THE SUPREME
COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER


ABOVE NAMED

1. The present Writ Petition is being filed against the Political

parties to refrain/stop them from offering of

manipulation of public‘s funds by offering any kind of loan

waiving or monetary schemes in their election manifestos

to attract voters.

2. The Centre and State governments should not be

permitted to reduce or waive off loans, the System of

waiving of loans should be stopped as it adversely affects

credit culture and this act is making farmer trapped in the

debt cycle, due to the absence of market competitive

farmer friendly agriculture policy.

3. That the Banks should not be allowed to TECHNICALLY

WRITE OFF NPA‘s and also the Provision to banks on

NPA‘s should not be allowed which reduces their tax

liability as Banks are Profit oriented corporate entities, The


writing off of NPA‘s should be stayed till decision of this

petition,as writing off of NPA‘s is like tampering of Balance

sheet which hides that the true and exact financial

conditions of the banks.

4. The Petitioner have stated the relevant facts elaborately in

the Writ Petition. For the sake of brevity, the same are not

repeated in the present application. The Petitioners

however crave leave to refer to and rely on the same at

the time of the hearing of the present application as if the

same formed part of the present application.

5. No injury will be caused to the Respondents if the stay on

the impugned order is allowed, rather the manipulation of

Bank funds will be stopped, as due to end of financial year

books of accounts of banks are being finalized. Also

without offer of any loan waiver and monetary schemes

the people will fairly cast their vote in this immediate

election process .

6. The balance of convenience is entirely in favour of the

Petitioners.

7. The Petitioners have a prima facie case and the purpose of

filing the present petition will be frustrated if the offer of

loan waiving and offer of monetary schemes in election

manifesto‘s and writing off of NPS‘s and allowable

provision to Banks are not stayed during the pendency of

the present case;

PRAYER
It is, therefore, most respectfully prayed that pending final

orders this Hon‘ble Court may graciously be pleased to:

(i) Stay the operation/mechanism of offer of loan waiving or

offer of any kind of monetary schemes in election manifestos by

political parties.

(ii) To stay the technical writing off NPA‘s by Banks and

staying the allowable provision on NPA‘s to banks which reduces

their tax liability.

(iii) Pass any other or further orders, as this Hon‘ble Court

may deem fit and proper in the circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN


DUTY BOUND SHALL EVER PRAY.

DRAFTED BY FILED BY
REENA .N.SINGH

Advocate
PREETI SINGH

Advocate for the Petitioner

Drafted on: 03.04.2019

Filed on: 04.04.2019


APPENDIX

Article 32 in The Constitution Of India 1949

32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate

proceedings for the enforcement of the rights conferred by this

Part is guaranteed

(2) The Supreme Court shall have power to issue directions or

orders or writs, including writs in the nature of habeas corpus,

mandamus, prohibition, quo warranto and certiorari, whichever

may be appropriate, for the enforcement of any of the rights

conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme

Court by clause ( 1 ) and ( 2 ), Parliament may by law empower

any other court to exercise within the local limits of its

jurisdiction all or any of the powers exercisable by the Supreme

Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended

except as otherwise provided for by this Constitution

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