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Court tells Central govt and RBI to file reply on moratorium

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Published : Oct 5, 2020, 2:59 PM IST

Supreme Court has ordered the Centre and RBI to file comprehensive replies within a week on the extension of moratorium period on the repayment of loans and waiver of interest on loans up to Rs 2 crore following the coronavirus pandemic. The matter has been listed for further hearing on October 13.

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New Delhi: Dissatisfied with an affidavit filed on two petitions, seeking an extension of the moratorium period on the repayment of loans and waiver of interest on 'loans up to Rs 2 crore' in the wake of the COVID-19 pandemic, the Supreme Court on Monday directed the central government and the Reserve Bank of India to file comprehensive replies within a week.

Observing that the affidavit did not deal with several issues in the case, a three-judge Bench, headed by Justice Ashok Bhushan, ordered them to file the replies by next Monday. The Bench slated the matter for further hearing on October 13.

Read:| SC asks Centre, RBI to file Kamath panel suggestions, their decisions on loan moratorium

It also observed that no consequential circular has been issued either by the RBI or any other authority, adding that the recommendations by the Kamath Committee have to be considered as well. Justice Bhusan said that the report has to be circulated among the needy people.

Meanwhile, the Confederation of Real Estate Developers' Association of India (CREDAI), a party in the case, sought time to reply to the Centre's affidavit. It submitted that a lot of facts and statistics, including one involving Rs 6 lakh crore, given by the government in its affidavit are without any basis.

The top court was hearing two petitions, filed by one Gajendra Sharma and lawyer Vishal Tiwari.

Tiwari said that the Centre should also file an affidavit on the issue of the extension of the moratorium period. "Interim measures should be given," Tiwari submitted.

The Centre had last week submitted in the affidavit that it has decided to waive compound interest (interest on interest) for a moratorium period of six months for Micro, Small and Medium Enterprises and personal loans up to Rs 2 crore.

The affidavit said that any account becoming non-performing due to bank's fault or any other delay, need not suffer from being labelled as NPA. It said that the Securities and Exchange Board of India has already issued a circular on March 30, 2020, providing for relaxation from the recognition of default due to the moratorium.

ANI report

Read:| Extension of moratorium on loan repayments will induce a habit of not paying loans: Vineet Rai

New Delhi: Dissatisfied with an affidavit filed on two petitions, seeking an extension of the moratorium period on the repayment of loans and waiver of interest on 'loans up to Rs 2 crore' in the wake of the COVID-19 pandemic, the Supreme Court on Monday directed the central government and the Reserve Bank of India to file comprehensive replies within a week.

Observing that the affidavit did not deal with several issues in the case, a three-judge Bench, headed by Justice Ashok Bhushan, ordered them to file the replies by next Monday. The Bench slated the matter for further hearing on October 13.

Read:| SC asks Centre, RBI to file Kamath panel suggestions, their decisions on loan moratorium

It also observed that no consequential circular has been issued either by the RBI or any other authority, adding that the recommendations by the Kamath Committee have to be considered as well. Justice Bhusan said that the report has to be circulated among the needy people.

Meanwhile, the Confederation of Real Estate Developers' Association of India (CREDAI), a party in the case, sought time to reply to the Centre's affidavit. It submitted that a lot of facts and statistics, including one involving Rs 6 lakh crore, given by the government in its affidavit are without any basis.

The top court was hearing two petitions, filed by one Gajendra Sharma and lawyer Vishal Tiwari.

Tiwari said that the Centre should also file an affidavit on the issue of the extension of the moratorium period. "Interim measures should be given," Tiwari submitted.

The Centre had last week submitted in the affidavit that it has decided to waive compound interest (interest on interest) for a moratorium period of six months for Micro, Small and Medium Enterprises and personal loans up to Rs 2 crore.

The affidavit said that any account becoming non-performing due to bank's fault or any other delay, need not suffer from being labelled as NPA. It said that the Securities and Exchange Board of India has already issued a circular on March 30, 2020, providing for relaxation from the recognition of default due to the moratorium.

ANI report

Read:| Extension of moratorium on loan repayments will induce a habit of not paying loans: Vineet Rai

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