Sunday, May 27, 2012

Sri. Sankarapandian stores (P) ltd V/S SBI and anr





M.A(S.A):232/2011
Sri. Sankarapandian stores (P) ltd & ors V/S SBI & anr 

IA 456/2012 (adv.hearing);   This IA is dismissed as infructous.

MA(SA) 232/2011:  Ld. Counsel Shri Velusamy appears on behalf of appellants 1 to 7 and prays for an adjournment. 

Ld. Counsel Shri Subramanian appearing on behalf of appellants 8 and 9 stated that a sum of Rs.5.53 crores has already been paid by the appellants 1 to 9 after the issuance of Sec.13(2) notice and that this tribunal has to calculate the amount for the pre-deposit to be made under Sec.18 of the SARFAESI Act by dividing the amount claimed under Sec.13(2) by two and subtract the amount if any paid from that and then pass an order for deposit of 25% of the remaining amount.

  Ld. Counsel stated that appellants 8 and 9 are in financial difficulties and that this Tribunal by use of its discretionary powers may reduce the amount of pre-deposit from that of 50% to 25% of the dues calculated as stated above and pass orders for pre-deposit in this case.  

Ld. Counsel added that the Authorized Officer did not adhere to the procedure under the Security Interest (Enforcement) Rules, 2002 and that the Authorized Officer did not even receive 25% of the bid amount at the time of conducting the auction and prayed that the respondent bank may be directed to produce the proof for the payment of 25% on the date of auction.

Ld. Counsel Shri Om Prakash appearing on behalf of M/s Ramalingam Associates for the respondent bank stated that the amount claimed in the Sec.13(2) notice is Rs.22,72,54,292.34p and that this tribunal is required to take into consideration the amount determined in the Sec.13(2) notice and thereafter proceed to determine the amount of the pre-deposit in this case as laid down by the Hon’ble High Court of Madras in WP No.26582/11. 

 Ld. Counsel prayed that a sum equivalent to 50% of the aforesaid claim may be directed to be deposited by the appellants in this case to enable this Tribunal to entertain the appeal and added that this tribunal being bound by Sec.18 of the SARFAESI Act should not proceed to hear the appeal or should not proceed to pass any orders of stay without the pre-deposit and prayed that orders may be passed.  

Ld. Counsel also added that there are no proceedings pending before the Hon’ble High Court of Madras in this case other than WP No.13677/2012 filed by the appellants 8 and 9 and that this Tribunal may proceed to pass orders for the pre-deposit as per law.

Heard both sides.

It is seen that the amount claimed in the Sec.13(2) notice is Rs.22,72,54.292.34 and an amount of Rs.5,53,00,000/- has been paid by the appellants 1 to 9. Therefore the amount due as per Sec.13(2) notice after giving credit to the amount paid by the appellants works out to Rs.17,19,54.292.34. In view of the facts and circumstances of the case more particularly in view of the fact that this Tribunal is bound by Sec.18 of the SARFAESI Act and in view of the fact that the difficulties expressed by the appellants 8 and 9 do not outweigh the difficulties faced by the bank which is the custodian of public money which money is required to be made available for circulation to the other members of the public it would be appropriate if the following order is passed.

“The appellants 8 and 9 are directed to deposit a sum of Rs.8,59,77,147/- being 50% of Rs.17,19,54,292.17 into this Tribunal on or before 26.6.2012..  Call this MA(SA) on 27.6.2012 for verification of the compliance”

IA 529/2011 (stay);  It is seen that this IA was not taken up on 16.5.2012 due to electricity failure in this Tribunal.  It is also seen that this IA was not taken up on 18.5.2012 as the Chairperson had gone on leave.  Today MA(SA) 232/2011 has been taken up and orders for the pre-deposit have been passed.   Orders of stay cannot be passed without the pre-deposit being made as per the dictum of the  Hon’ble High Court of Madras in WP No.23708/2011 and therefore this Tribunal has to await the making of the pre-deposit Hence call this IA  along with MA(SA) on 27.6.2012 for verifying as to whether the pre-deposit has been made.  Notice to R1 to R9 by then.

IA 734/11 (direction); Call with MA(SA) on 27.6.2012

IA 1381/11 (stay); Call with MA(SA) on 27.6.2012

IA 457/2012 (stay); Call with MA(SA) on 27.6.2012

This Order was issed by THE HON'BLE CHAIRPERSON ,DRAT Chennai on24/05/2012

Payment gateway Rupay launched




Joel Rebello:Livemint; Mon, Mar 26 2012. 10:26 PM IST


National Payments Corp. of India Ltd (NPCI), jointly owned by banks, is the nodal agency to manage and promote RuPay




Mumbai: India on Monday launched an indigenous debit card payment network called RuPay to compete with multinational Visa Inc. and Mastercard Inc. and help banks reduce cost of issuing a debit card. It will also help in extending payment network in rural areas.
The card system, similar to China UnionPay network, was first envisaged by the banking regulator in 2005.

Five banks—State Bank of India, Bank of India, Union Bank of India, Bank of Baroda and Axis Bank Ltd—have been informally running this for months.

National Payments Corp. of India Ltd (NPCI), jointly owned by banks, is the nodal agency to manage and promote RuPay. NPCI manages the electronic payments in the country
A.P. Hota, managing director and CEO of NPCI, said 200,000 cards with the RuPay brand name have already been issued and the target is to have 10 million debit cards under the brand by March 2013.

He expects this to be used as a system for credit cards by March 2015. He also expects all public sector banks to join the system by the end of calender year 2012.

“Foreign card payment systems charge $50,000 as joining fees, but we will charge nothing. Since we are using indigenous technology and the transaction will be processed domestically, banks’ cost will come down by 40% compared with international schemes,” Hota said.
NPCI will charge 10 to 15 basis points (bps) of the transaction value as fees per transaction, almost half of what multinational payment companies charge, Hota said. One bps is 0.01%. “We are a not-for-profit company and we will ensure that these cards are issued by even the smaller urban cooperative banks and regional rural banks, which were so far kept out of the system,” Hota said.

Indian banks will also save on foreign currency because the fees to international payment companies that were so far paid in dollars will now be paid in rupees, Hota said.

Reserve Bank of India (RBI) executive director G. Padmanabhan said the central bank will not endorse banks to choose the RuPay network. “Banks can choose what they want, but if the costs are so low, then obviously they will save a lot,” he said.

India has around 260 million debit cards in use. Hota expects 50% of all debit cards to bear the RuPay name in the next three years. Consumers can use the RuPay based debit cards on the Internet from September.

RBI to pack in additional stringent steps for banks




Sat, May 26, 2012 at 12:53 |  Source : CNBC-TV18



In the past 18 months the banking regulator has been fairly active. Number of constraints or disincentives have been imposed on banks; about a couple of months back the savings rate was deregulated, recently the NRI interest rates have been deregulated, 14 months ago the regulator ensured that the banks set aside more NPLs.
In the first year the provisioning went up from 10-15%, in the second year it went up from 20-25% and so on. Now, the regulator has come with more stringent rules for capital. That is, the amount of shareholder capital that should come in against which banks can collect deposits and make loans. That shareholder capital is going to be increased under what are called Basel III norms.
Besides this, there is something called dynamic provisioning that also will kick in which means banks will have to set aside even larger proportions of their profits for a rainy day to back up potential losses, loans that are not being returned.
In an interview to CNBC-TV18, Anand Sinha, RBI deputy governor, shared his view on the initiative taken by the regulator in the banking space.
RBI to pack in additional stringent steps for banks
Below is the edited transcript of his interview to CNBC-TV18. Also watch the accompanying videos.
Q: You have packed in the last 15 months a whole host of conditions precisely at a time when both the global economy and the Indian economy is going through a rather serious slowdown, does not this bother you?
A: One has to look at it from a different perspective; there is no denying that we are in difficult times. All the measures are supposed to be implemented over a long period of time so that these activities create minimal disruption or little slow down of economic activity as possible. So, there is six years to implement in case of Basel III. Almost 100 simulations had been carried out to check its impact on growth. After completion of vigorous exercise the timeline has been decided.
Another angle to look at is that, how you put the economy back on rails? How you inspire confidence? If because of this stringent situation the banking system is left as it is. Although not in India, we are fairly safe but in the West, despite all these conditions if the banking system is not put back on rails then they will not be able to recover. So, this is the compulsion of the situation. The practicality of this situation demands elongated timeframe.

Q: What will immediately happens from the shareholder point of view like institutional investors and retail investors. If the Basel III norms come immediately in tier II, capital will be less effective, there may not be a market for it and they have to raise more shares and the RoE of banks will get impacted and difficult for them to raise fresh equity. Is that not a worry that RoEs will fall?
A: RoE will certainly come under pressure. You are supporting the same balance sheet with a higher level of capital. The banks can cope with this situation in several ways, but the two most important ways are that they will increase the lending rates and cut down lending and that indeed is bound to happen in the initial stages. But later on, as the banking system is seen to be more robust and moving along the required regulatory path it is hoped that the investor confidence will come back and the investors also look into risk return trade off so they might settle down or rather they would settle down for a lower return on equity.
In the West some banks had return on equity as high as 22% -25% which is unsustainable. This amount of return on equity was a problem at the same time a very depressed return on equity will also be a problem. With time, the banking system will be seen to be more robust. The equilibrium point will return and investor interest will also return. Long-term return on equity in the US and the UK is 8% and 10%. In Europe it is 4-6%. The US has been able to manage as they went in for corrective measures quite soon.
Q: What about the big shareholder, PSBs they are shareholder of the government? With respect to these increasing doses of capital that will be needed not just to support growth but to support the same amount of loans, higher capital are you in touch with the government on the matter and will so much of capital be forthcoming?
A: We have issued our guidelines. The government has also carried out the exercise. The government has to maintain 51% and they have to bring in capital. The FM has said many times that the capital required by public sector banks for implementing Basel III would be provided by the government.
Q: Is there any number with regards to calculations?
A: For public sector banks, equity requirement is up to Rs 143,000 crore till March 31, 2018 and the overall capital requirement is Rs 4,25,000 crore. But, this is a misleading figure as it gives an impression that this capital is required only on account of Basel III which is not correct, because otherwise also capital goods have been required under Basel II. The difference in amount between Basel II nad Basel III is a small figure of Rs 71,000 crore in common equity and the total capital requirement for public sector banks is Rs 1,65,000 crore.
 Q: Is it a manageable figure?
A: It is manageable. In totality, it looks a big figure. But let us not only put everything on Basel III.
  Q: Equity investments at the moment for subsidiaries is deducted 50% from tier-1 and 50% from tier-2 and now that will become more tier-1. What happens to housing finance companies? They also hold a lot of subsidiaries. On the NBFCs RBI has tightened, but in this third category of HFCs which also are holding companies we have not seen any rules come in. That’s a forgotten area?
A: The housing finance companies are not regulated by us. They are regulated by National Housing Bank. They try to model their regulation around the RBI regulation. But, we must also recognise that while there should be a larger convergence in regulation in order to be able to contain the regulatory arbitrage, but it doesn’t mean that the regulation of non-banking sectors should be exactly identical.
Q: The recent amendments to the banking regulation or the banking amendment bill give RBI fairly big powers. The RBI is asking for powers to regulate not just a bank but all its subsidiaries and associate companies. Does the Reserve Bank have the wherewithal to supervise so much?
A: No. Your view is not what we intent. When are not into regulating the other entities which are within the preview of other regulators. We should be able to call for information from them and if required should be able to inspect but these things work with a protocol.
Q: Is this practically possible? Do you have the staff to get that suspicion and check it up? Is it not much better not to have these kind of new bank licences altogether?
A: That there are fears that there could be self dealing which may be difficult to check. In the guidline we have proposed that there has to be non-operating holding company structure, all financial activities should come under that. We have put limits on how much they can lend to group companies, major customers, suppliers and there has to be a check via a certificate from their statutory auditors for the loans given in excess of Rs 1 crore. We have tried to put in place the check mechanisms and we hope that it will work.
Q: In Indonesia it was disastrous experiment that has to be given up after the Asian crisis so one hopes that things work out better?
A: We have taken lots of effort in devising these safeguards and ring fencing methodologies. One more thing we have put in place, for any capital increase above Rs 1,000 crore one has to take a fresh approval from Reserve Bank to check whether self dealing is being done or not. So for every chunk of Rs 500 crore of capital that they want to infuse in above Rs 1,000 crore.  If the banks are sponsored by industrial houses they would certainly want to do it but there will be checks at all stages.
Q: Don’t you think that the new securitisation norms along with the old capital norms might almost cripple NBFC industry?
A: We are not here to cripple any industry and one cannot have banks running the financial system. Every set of institutions that we have are very important for us. We are trying to regulate them in a manner that they work in a prudentially sound basis.
Any regulation looks onerous to regulate. If you know how the NBFC regulations have evolved over a period of time. There was a time when even the deposit taking entities were regulated lightly, and then we went on to complete regulation of deposit taking entities. In 2005-2006, we realised that non-deposit taking entity could also become a source of financial instability.
Then we jacked up the regulation on them and while its difficult to go in for counter factuals but we certainly have a sense that had we not done it in 2006 what we did during the crisis time we would have faced lot more difficulties.
  Q: Why do you want to have power over micro finance companies. Why don’t you give it to the state government which has adequate staff?
A: It is not the question of RBI giving up, it’s a question of legislation, whatever comes we have to live with that.
Q: You can always lobby for it and explain to the government?
A: No, whatever issues we have, we taken up with government and we will continue to do so. In their wisdom whatever legislation comes out, we try and implement the intent. As of now we regulate only the company format of NBFC which is above 12,000 in numbers. It’s not an easy task. Making regulation is easier part; supervision is what really ensures that your intent is translated. Yes, I would accept that it is a difficult task but we have to live up to that, we have to device our own methods.
Q: Even today after the experiment with base rate, we don’t see banks passing on rate cuts to old customers. The contract is very clear that we will charge you more if the cost of money becomes more and they did that all through when rates went up but when rates come down it has not been the uniform practice for banks to give it their old customers rather they still provide a new rate or an attractive rate to a new customer. RBI has not been able to stop that?
A: These are customer issues, we are aware of that. Theoretically, the base rate is linked to some anchor and the spread has certain components; one is the credit risk and the other is tenure premium and the third one is product related costs. Speaking purely from a theoretical perspective, the reason why it can vary from customer to customer, old or new is because of the credit risk perception.
The banks are doing in a different way and we have a committee headed by myself which is looking into these issues. Once the committee comes out with its recommendations, I hope this issue will be sorted out. The banks are doing for some reasons that they think is proper and that is what we are looking into in the committee.
Q: They are doing only because it’s always lucrative to attract a new customer with lower rates and once he is with you he is saddled with you, the old customer doesn’t walk out that easily, awareness is very poor, and it is in the bank’s interest to ignore the old customer but not in the regulators interest?
A: Why they are doing it are the issues we are looking into and we will certainly come to a conclusion on these issues.