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Petition - Plea in SC Against Writing-Off NPAs and Waiving-Off Loans by Banks
Petition - Plea in SC Against Writing-Off NPAs and Waiving-Off Loans by Banks
IN
…Petitioner
Versus
Union of India &others
…Respondent
PAPER BOOKS
(FOR INDEX PLEASE SEE INSIDE)
WITH
I.A NO. OF 2019
AN APPLICATION FOR STAY
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
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.
reduces their tax liability, this also directly indicates that NPA‘s
The MSP system is a decades old theory to keep the farmer poor
camouflaged.
farming sector.
LIST OF DATES
Cong.
Times
worse:https://scroll.in/article
the list.
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
5. State of Haryana
Through its Chief Secretary
4th Floor, Haryana Civil Secretariat
Sector-1, Chandigarh - 160019
Chandigarh Respondent No-5
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
12 State of Bihar
Through its Chief Secretary
Main Secretariat, Patna - 800015
Patna, Bihar Respondent No-12
14 State of Punjab
Through its Chief Secretary
Government of Punjab
Chandigarh - 160001
Punjab Respondent No-14
…Contesting Respondents
FURTHER DIRECTIONS.
To
THE HON‘BLE THE CHIEF JUSTICE OF
INDIA THE HON‘BLE SUPREME COURT OF
INDIA AND HIS COMPANION JUSTICES
Petitioner for ensuring that the banks should stop the practice
the company laws with a profit motive and not for any charity
such laws and policies which can provide overall growth and
to its people for its rights and usages through the hands of
statistical report mentioning the state wise Fiscal Deficit, also the
was doing when the banks were lending huge amounts that
government data. The CAG also pointed out that there is a lack
).
farm loan waivers are not same as corporate NPA‘s and its tough
those Loans worth Rs 2.72 lakh crore written off since 2014 and
worth Rs 2.72 lakh crore written off since 2014 and only Rs
India (SBI), which wrote off Rs 31,096 crore in the nine months
first nine months of FY18 and all of FY17 put together). This data
for past 8 years: Shiv Pratap Shukla. Copy of news report dated
that around 6000 bank officers were found responsible for bad
and ICICI Bank tops the list is annexed herewith and marked as
Asset from 7.5 per cent to 8.5 per cent. This will reduce the tax
2015 when the central bank put out rules for the early
2.11 lakh crore capital infusion in state-run banks. Now, will the
around, lenders will have to sell its assets to recover money. The
losses.
(SCB) fell from 47 per cent in 2003 to 25 per cent in 2017, while
sector bad loans stood at 47 per cent in 2003, they fell to 21 per
allied activities of all SCBs for the last three years, as reported
ending 31-03-2018 only two banks were in profit from the list of
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
rate to 4 percent.
intervention.
P-13 (pages to ).
16. Farm loan waivers are direct costs for the state. Corporate
it off but they continue the recovery process,‖ how much they
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
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
farmers who paid their loans regularly will get a waiver.At the
raise another Rs 1.1 lakh crore from the open market to meet
burden, any kind of loan waiver come with the burden of moral
the future. This further makes those who pay on time feel
paying back their dues. ―Even in the worst drought years (2015),
is the banks who take the first hit and then it trickles down to
Npa‘a are same thing or we can also say they are the two sides
So one might debate their contents and quantity, but the fact
bank hints that loan waiver may challenge NPA reduction efforts
to ).
20. As per the news report dated 21.05.2018 on the official
in NPA‘s and ICICI Bank tops the list. Copy of news report dated
loan waivers are not same as corporate NPA‘s and its tough to
the official website the wire in Farm Loan waivers and corporate
items like wheat, rice and sugarcane. The govt. should buy
sell the produce immediately after the harvest at MSP, as all the
after harvest) the farmers receive less for their produce than
in the market and the prices are driven down. There is an urgent
farmers are not able to reap the full benefits of their labour,
given to compensate for not giving them market prices for crops
stop repaying loans in the hope their loans are also repaid
pressure to default.
the 2008 write off and, in Andhra Pradesh and Tamil Nadu
farmers that get bank loans; any reduction in this means they
interest.
by the three states the Congress won in just now, loan waivers
have averaged around Rs 28,000 crore each year; the actual
then,it is clear that loan waivers are not a substitute for freeing
with a Rs 650 crore waiver of farm electricity bills. Let‘s add the
recklessly.
b. They do not benefit all the farmers. They only benefit 10-
15% of the farmers, who had taken loans from banks and
selective.
c. It‘s not a long-term solution for what ails India‘s
agriculture industry.
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
otherwise, people will borrow recklessly, and that‘s not good for
We all have heard of the huge ―NPA problem‖ that all our banks
has yet been paid back – so that they do not have to seize the
whereby they give even more loans to the companies that have
not paid back previous loans. The logic is that they then may
greening, eventually the bank realizes that the loan will never be
people who have taken such loans pay a penalty? Are they
blacklisted? Are they termed defaulters who can never again get
loans can never get loans again)? Wrong again. They will get
credit again and again, and may be allowed to default again and
Punjab National Bank (PNB) holds Rs. 552 billion and IDBI Bank
private bank‘s gross NPAs is less than 1%, while only two PSBs-
All the 38 listed banks accounted for gross NPAs totaling over Rs
Union, Dhanlaxmi and KarurVysya. And the sorry figure has just
written off amount from their gross NPA total. Imagine how
As can be seen from the table below, only two PSBs reported a
last fiscal.
IndianBank Rs1258.99cr
banks ?
reduction of loans ?
condition of farmers ?
hearing.
GROUNDS
camouflaged.
manifestos.
country.
present petition.
PRAYER
The petitioner therefore pray that in the facts and circumstances
camouflaged.
liabilities.
manifestos.
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
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:-
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
fiscally risky measure that can cause long term problems. The
(TRUE COPY)
ANNEXURE-P-2
QUARTZ INDIA
ride over the last decade. Prices of seeds and fertilizers have
produce. The maximum interest rate that banks can charge for
waiver should seem like a good idea for indebted farmers, there
(TRUE COPY)
ANNEXURE P-3
TIMES OF INDIA
15December, 2009
the polls. Andhra Pradesh leads the chart with waivers totaling
written off by public sector banks (PSBs) so far under the debt
did well in the state and also returned to power in the assembly
disturbing facts as well. States like Bihar and Punjab lag far
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,
(TRUE COPY)
ANNEXURE-P-4
suffers from small, inefficient land plots. Less than half of the
(TRUE COPY)
ANNEXURE P-5
ECONOMY TIMES
01February, 2017
index surged 2.76 per cent, a full percentage point more than
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
years while they will have to raise a further Rs 1.1 lakh crore
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
the market.
(TRUE COPY)
ANNEXURE P-6
February 7, 2017
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
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
(TRUE COPY)
ANNEXURE P-7
SCROLL.IN
23June, 2017
Farm loan waivers are not the same as corporate NPAs–and it‘s
waiver for farmers, saying this week that it would waive off Rs
emergencies. But the counter debate has also been strong, with
help out needy farmers, even as large companies with huge non-
bad debt.‖ Many argue that the government has given banks a
(TRUE COPY)
ANNEXURE P-8
FIRST POST
16 April, 2018
December 2017 (the first nine months of FY18 and all of FY17
in Rs crore
FY 15 FY 16 FY 17 FY 18 FY FY FY FY 18
15 16 17
(TRUE COPY)
ANNEXURE P-9
THE JAGRANJOSH
04 May, 2018
billion.
Punjab National Bank (PNB) holds Rs. 552 billion and IDBI Bank
sector banks have total gross NPAs of Rs 93,044 crore. There are
only two PSBs- Sind Bank and Vijaya Bank can claim this
country.
(TRUE COPY)
ANNEXURE P-10
BUSINESS TODAY
21 May, 2018
Private banks record 450 per cent jump in NPAs, ICICI Bank tops
banks. In last five years, private banks have recorded a 450 per
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
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
2017-18, the report said. The RBI had recently slapped a penalty
3825 crore during the same period. Yes Bank's NPAs went up
have faced flak from the RBI for asset divergence. In March
2017, the RBI in its assessment had found that HDFC had under-
banks will now have to work out a resolution plan for defaults
within 180 days. Not only this, the regulator has also sought to
had recently said that some banks were not following the rules
divergences. The top bank last year made it mandatory for the
(TRUE COPY)
ANNEXURE P-11
31 May, 2018
Last week, a CARE Ratings report had pointed out that the non-
the sorry figure has just snowballed further. All the 38 listed
lenders, PSBs, foreign banks, regional rural banks and some co-
year. The recovery figure improved slightly to 13.8 per cent the
following fiscal, or Rs 9,717 crore. Furthermore, the amount
the written off amount from their gross NPA total. Imagine how
below, only two PSBs reported a net profit in the year ended
March 31- Vijaya Bank and Indian Bank. The remaining 19 state-
crore per hour during the last fiscal. No wonder they are only
managers.
(TRUE COPY)
ANNEXURE P-12
RBI
24 July, 2018
given below:
Maharashtra
India
Bank
Limited
Commerce
Bank
Bank
India
India
India
(TRUE COPY)
ANNEXURE P-13
BUSINESS STANDARD
24 October, 2018
What was RBI doing, asks CAG Rajiv Mehrishi on NPA crisis in
banks
were going berserk with their lending, then what was the
Singh said the centre alone cannot bring about the economic
they want to enact and believe the changes needed for economic
will not do and deep structural reforms are needed.He said India
School of Public Policy will begin its first batch of one-year full-
ISPP said.
(TRUE COPY)
ANNEXURE P-14
28 December, 2018
FY18: Jaitley
The government Friday said action has been taken against more
2018. Since then the amount has declined to Rs 9.43 lakh crore.
NKD CS BAL
(TRUE COPY)
ANNEXURE P-15
LIVEMINT.COM
01 January, 2019
break even at the end of this fiscal year, has taken a series of
NPA from 6.9% to below 6 and the gross NPA from 12.9% to
the current year. "We hope to move into the major bank
said.
(TRUE COPY)
ANNEXURE P-16
ECONOMICS TIMES
10 January, 2019
mind.
(TRUE COPY)
ANNEXURE P-17
BUSINESS TODAY.IN
15 January, 2019
but Rs 10.17 lakh crores not?The great farm loan waiver debate
It‘s a wrong way of addressing the real issue.‖―It is not good for
that farm loan waivers only benefit 10-15% of all farmers, as the
(TRUE COPY)
ANNEXURE P-18
02 January, 2019
sector shot up from 51 per cent to 75 per cent during the same
agriculture and allied activities of all SCBs for the last three
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
intervention.
(TRUE COPY)
ANNEXURE P-19
17 March, 2018
The finance ministry today informed the Lok Sabha that bad
loans in the banking sector have been rising steadily for the past
the house, Minister of State for Finance Shiv Pratap Shukla said
2015.Citing RBI data, the minister said the gross NPAs of public
have been rising steadily since the last eight financial years,"
(TRUE COPY)
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Reena.N.Singh … Petitioner
Versus
Union of India & Others. …Respondents
to attract voters.
the Writ Petition. For the sake of brevity, the same are not
election process .
Petitioners.
PRAYER
It is, therefore, most respectfully prayed that pending final
political parties.
DRAFTED BY FILED BY
REENA .N.SINGH
Advocate
PREETI SINGH
Part is guaranteed