Professional Documents
Culture Documents
RECOVERY METHODS Feb (2016)
RECOVERY METHODS Feb (2016)
RECOVERY METHODS Feb (2016)
A presentation by IOB
STAFF COLLEGE
2016
Where do we stand ?
(Rs in crores )
• The offer can be cash / Security Receipts / both and the total
of such offer shall not be less than the NPVs of the securities.
• The decision for sale shall be taken by Central Office and in
respect of individual accounts, the sanction shall be as per
the extant delegated powers and in respect of portfolio of
accounts, sanction shall be by the Management Committee
of the Board.
• Whenever Central Office decides to sell the selected NPA
accounts to ARCs and others, RO shall endeavour that they
submit the required details and carry out the Nodal centre
jobs required for due diligence.
Legal Actions and filing of suits at
appropriate forums
• Normally, legal action thro’ Court / DRT should be
the last resort adopted for recovery of dues.
• Before initiating legal action, steps to be taken to
ensure recovery by probabilities for compromise
settlements, encashing liquid securities / disposal
of charged securities / exercise right of setoff etc.,
• After examining the pros and cons of filing suit
the following measures to be initiated:
Legal Actions and filing of suits at
appropriate forums
• Serving legal notices
• Filing suit in civil court / DRT as per the case after
obtaining permission from appropriate layer of
authority.
• Invoking Revenue Recovery Acts wherever applicable.
• Referring to Lok adalats for settlement through
conciliation. The forum of Lok Adalats should be used
frequently as it is cost and time effective to take it to
decreed stage. In the event of failure to honour the Lok
Adalat commitments EP proceedings should be initiated
immediately.
Legal Actions and filing of suits at
appropriate forums
• Filing ABJ and obtaining injunction order, seeking
interim orders wherever applicable.
• Vigorous follow-up of suit filed cases should be made
before due dates by contacting the lawyers and
providing whatever materials / details required by
them to avoid delay from our part.
• Liaison Officers to monitor the proceedings in DRT
cases by ensuring attendance of lawyers / branch
managers on hearing dates, carrying out
orders etc.,
Legal Actions and filing of suits at
appropriate forums
• Invoking provisions under section 138 of NI
Act wherever applicable.(Dishonour of cheque
for inadequay of funds)
• File appeal / review / revision petition
wherever necessary within limitation period.
• Unnecessary adjournments should be
objected or cost should be insisted for every
unreasonable adjournment.
Expeditious obtention of decree / RC
• Execute Decree / RC immediately, without waiting
upto the Limitation period provided as per Law, to
bring the securities for sale, attach and sell the
assets of the judgement debtors, seek Garnishee
orders, seek arrest of JD in the event of non
payment of decreed amount.
• Filing Insolvency petitions wherever desirable.
• Initiating criminal proceedings wherever necessary.
• Purchase and sale of non-banking assets acquired in
loan recovery proceedings.
Time Frame Norms for initiating
Legal Action
.No. Action to be initiated Time Frame
7 Recall notice/notice under SARFAESI Act Within 30 days when the upgradation/rehabilitation
is ruled out.
8 Sale of pledged assets Simultaneous with recall notice
9 Decision to file suit Within 3 months from the date of NPA Classification.
10 SARFAESI notices, possession of securities and Within 6 months from the date of NPA Classification.
sale, including utilising Outsourcing agencies
11 Possession & sale of hypothecated securities 120 days from the date of recall notice.
relating to NPAs where SARFAESI notices are not
issued
12 Initiating appropriate legal action to recover Immediately after taking action as per S. No. 9 or 10
shortfall if any. above, as the case may be.
FOCUS ON RECENT CIRCULARS
• Ref No ADV/PERM/607-2015-16 Dated 21.09.2015- Valid till
31.3.2016 (Issued by ARD)
• Delegation of Powers to Branch heads for settlement of Educational
loans upto Rs 4lacs not backed by any security.
• Norms for settlement
• Amount of recovery to be made
• SS asset -100% of amount disbursed less total repayment made by
the borrower
• Doubtful Asset- 75% of amount disbursed less total repayment
made by the borrower
• Loss Asset- 50% of amount disbursed less total repayment made by
the borrower.
• NOTE: Subsidy credited to a/c is not to be treated as Repayment by
the party.
• Applicable to loans sanctioned and O/S as on 31.3.15
Focus on recent circulars (Ctd)
• Ref No ADV/PERM/623/2015-16 Dated
14.12.2015 (Issued by ARD)-Valid till 28.2.2016
• Delegation of powers to Branch heads to Settle
NPA accounts up to Rs 10 lacs as on 31.12.2014
• Norms
• A)NPAs under DOUBTFUL/LOSS a/c- O/s of Rs one lac and
below-As on 31.12.14-with 100% provision held-
• Settlement _Min 50% of o/s as on 31.12.14 less recovery made
after 31.12.14 with discretion to write off bal upto Rs 50000 or
actual)
Ref No ADV/PERM/623/2015-16 Dated 14.12.2015 (Issued by
ARD)-Continued –Valid till 28.2.16