Decision-day Guide, BFSI News, ET BFSI

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By Anirban Nag

India’s monetary policy makers are likely to leave interest rates untouched for a seventh straight meeting, as their focus remains more on fixing a fickle economy than on controlling stubborn price pressures.

The Reserve Bank of India’s six-member Monetary Policy Committee is meeting amid weak indicators raising doubts about the economy’s ability to sustain a nascent recovery. Some parts of the nation, where the fast-spreading delta variant was first identified, are still battling a rise in Covid-19 infections with researchers warning of an impending third wave of the pandemic.

All 21 economists surveyed by Bloomberg as of Wednesday afternoon expect the MPC to leave the benchmark repurchase rate unchanged at 4% on Friday. While the RBI is widely expected to announce another tranche of its so-called government securities acquisition program, bond traders will be watching for any cues on return to policy normalization.

For now, Governor Shaktikanta Das has maintained that growth is the main challenge and that inflation, while sticky, is only a “transitory hump.”

Here’s what to watch for in the MPC decision to be announced by Das in Mumbai on Friday morning:
Inflation ‘Chameleon’
The governor is likely to bump up the RBI’s inflation forecasts, given the ripple effect of a sustained rise in input costs along with high fuel taxes.

Headline inflation is already hovering well above the upper tolerance limit of the central bank’s 2%-6% target band, and some economists see the measure breaching the RBI’s 5.1% outlook for this fiscal year to end up in the region of 5.5%, or thereabouts.

“Several inflation drivers have come and gone,” said Pranjul Bhandari, chief India economist at HSBC Holdings Plc. in Mumbai. “But inflation has stayed elevated, like a chameleon, adapting itself rather quickly to the driver of the day. In recent months, price pressures have spread widely across the food and core baskets.”

Growth Prospects
The central bank is likely to retain its growth estimate of 9.5% for the year to March 2022.

A slew of high frequency indicators from purchasing managers’ surveys to mobility indicators and tax collections indicate a rather uneven recovery from the pandemic’s second wave. Hopes that the monsoon rains, which have been below normal in July, will pick up in the August-September period and provide a boost to rural demand is likely to provide some comfort to policy makers who are focused on reviving growth.

Normalization or Not?
With inflation running near the upper end of the RBI’s target and the economy showing signs of a recovery, bond investors are of the view that the central bank could signal when it intends to start unwinding some of its extraordinary easy policy.

Although Das has reiterated that normalization is not on his mind yet, economists are of the view that stubborn inflation could force his hand.

Withdrawing some of the excess funds in the banking system via longer dated reverse repo auctions — an action it took at the start of the calendar year — could be a start of that process. Bloomberg Economics estimates excess cash is at over 8 trillion rupees ($107.8 billion).

RBI's policy rates anchored at lows despite inflation: Decision-day Guide
“The RBI could re-announce the long tenor variable rate reverse repo auctions as the first step toward normalization,” wrote Samiran Chakraborty, chief India economist at Citigroup Global Markets in Mumbai. “Beyond that, the MPC is unlikely to provide much guidance on the timing and pace of normalization.”



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Chakri Lokapriya, BFSI News, ET BFSI

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SBI’s credit costs have come down and it looks like SBI has executed well, given the tough macro environment. The Covid related provisioning are largely within expectation and gives comfort that numbers for other banks will also hopefully be in line or better, says Chakri Lokapriya, CIO & MD, TCG AMC.

Just looking at SBI’s performance, the big takeaway from the numbers is the asset quality outcome, the fact that they have managed to brave the Covid-19 second wave impact. Slippages have come in at 2.47%, of which, a significant amount has already been pulled back in July. Do you think that is something that is going down well with the street?
It is absolutely right because going into the quarter, the economic backdrop had the services economy still in a contraction while the manufacturing sector was moving by stops and starts. There was a fear that slippages would increase from industries that take loans from SBI.

Now those slippages are under control. The 15,600 odd crore mark is a good number. Secondly, we know that credit growth is unlikely to pick up any time soon. The number reflects that 5% to 6% range whereas the deposit growth continues to remain strong. SBI’s credit costs have come down and it looks like SBI has executed well, given the tough macro environment. The Covid related provisionings are largely within expectation and gives comfort that numbers for other banks will also hopefully be in line or better.

Would a long-term investor be willing to buy the stock at the current levels?
Absolutely. The stock at the current levels still trades only at about close to its book value around one time for the medium to longer term investor. For a franchise as strong and big as SBI, one in four or five loans in this country is made by SBI.

Today whether it is corporate banking, retail banking or the government borrowings from banks, SBI has executed well. So even without multiple re-rating, the stock can go much higher. At this current rate it will probably hit north of Rs 600 in less than about a year’s time from now.

What are your views on HDFC Ltd?
After long underperformance due to slowing loan growth etc, hopefully things will improve for HDFC if there is no third wave. Also coming out of the current lockdowns, home loan growth rates are picking up while other forms of borrowing or lending has still not picked up. That is reflected both in the volumes of real estate companies as well as by the housing finance companies. I think given its underperformance, HDFC being the market leader along with LIC Housing and Repco, could do well in the next couple of quarters



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Buy These 2 Stocks, They Can Generate Profits Of 34%, Says This Broking House

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State Bank of India: Buy says Emkay Global

Current market price Rs 444
Target price Rs 500
Upside potential in the next 1-year 34.00%

First quarter FY22 operating performance beat estimates on healthy fees/treasury gains, but high provisions led to a 5% miss on net profits at Rs 65 billion (estimates Rs 68.4 billion). “Asset quality performance was mixed, with gross non performing assets up 34 basis points qoq to 5.3% (led by retail/SME), restructured pool rising moderately to 0.8% of loans (pipeline at 0.1%) and SMA pool flat quarter-on-quarter at 0.5%,” Emkay Global has said.

Emkay Global sees solid returns from SBI stock

Emkay Global sees solid returns from SBI stock

State Bank of India has already seen decent non performing assets clawback of Rs 48 billion in July with a pickup in collections, while restructuring should reduce SME NPAs. This, along with the transfer of non performing assets to NARCL (Rs 200 billion/0.8% of loans) and resolutions via NCLT, should meaningfully bring down Non Performing Assets.

“We trimmed earnings estimates for FY22-23 by 5/3%, but expect the bank to deliver 13-15% Return on Equity over FY22-24E (seen before AQR),” the brokerage has said.

Retain Buy and overweight stance with a target price of Rs 600 on the stock of State Bank of India, valuing core bank at 1.4 times Sep’23E ABV and subs/investments at Rs185, leading to a 32% upside. SBI is the second best pick after ICICI, and we believe that better-than-expected growth/asset quality movement could provide further upsides to earnings/valuations,” the brokerage has said.

Kalpataru Power & Transmission

Kalpataru Power & Transmission

Current market price Rs 465
Target price Rs 560
Upside potential in the next 1-year 19.00%

According to Emkay Global, Kalpataru Power & Transmission sales grew 9% with EBITDAM similar to that of last year (10.4%).

“Order inflows for Kalpataru Power & Transmission (SA) in year-to-date FY22 stood at Rs 8.65 billion (down from Rs 18.7 billion in Q1FY21), largely from inflows in the T&D and Railways segments. The order book now stands at Rs 133.9 billion, excluding L1 orders of Rs 25.5 billion,” the brokerage has said.

The management has maintained its full-year margin guidance of 10% plus. Order inflows were at a staggering Rs 46.6 billion, leading to an all-time record high order book of Rs160 billion.

“We maintain Buy with a revised target price of Rs 560 (Rs 525 earlier), as we roll forward to Sept’23E, based on SoTP. We retain our earlier estimates. JMC is valued at Rs 60 per share based on a 30% discount to the current market price,” Emkay Global has said.

Disclaimer

Disclaimer

The above stocks are based on the report of Emkay Global. Investing in stocks is risky and investors should do their own research. The author, the brokerage firms or Greynium Information Technologies are not responsible for any losses incurred due to a decision based on the above article. Investors should hence exercise some caution as the Nifty has now crossed a record peak of 16,200 points. Please consult a professional advisor.



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Parliamentary panel that includes former PM Manmohan Singh wants IBC overhaul, BFSI News, ET BFSI

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A parliamentary standing committee led by former Union minister Jayant Sinha set up to examine the workings of the Insolvency and Bankruptcy Code (IBC) has recommended an overhaul of the present system including a threshold rate of haircut for creditors.

The 29 member committee includes former prime minister Manmohan Singh.

Low recovery rates with haircuts as much as 95% and 71% of the cases pending beyond the 180 days timeframe envisaged by the law point towards a

deviation from the original objective of the Code.

“As the insolvency process has fairly matured now, there may be an imperative to have a benchmark for the quantum of “hair-cut”, comparable to global

standards,” the committee said without specifying what this benchmark could be.

It noted that though the new code has helped in substantially improving credit culture, there are long delays in cases due to the time taken to admit cases, allowing bidders even after the deadline and various challenges to the NCLT judgements.

The committee also expressed apprehension about fresh graduates being appointed as resolution professionals (RPs) expressing doubts over their handling of large cases. It pointed out that regulatory action has been taken in 123 out of the 203 cases examined by the Insolvency and Bankruptcy Board of India (IBBI).

The panel’s suggestions

Only high court judges be appointed to the National Company Law Tribunal (NCLT) to ensure quicker disposal of cases.

Instead of having multiple insolvency professional agencies (IPAs) a single body may be formed to oversee and regulate RPs.

Bring a professional code of conduct for the committee of credtors (CoC) the main decision making body approving a resolution plan and also a set of guidelines for the appointment of RPs to ensure transparency in the CoC.

NCLT should accept defaulters within 30 days and transfer control to a resolution process within this time period.

IBC needs to be amended so that no post hoc bids are allowed during the resolution process.

Involving national law schools so that conduct research, training and also provide support in the form of law clerks.

It has suggested dedicated benches of the IBC within the NCLT and also special benches for micro and small enterprises for quicker disposal of cases.

RPs should also be allowed to sell company assets depending on the demand, in parts to multiple bidders rather than in a block to get maximum value.



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Financial creditors’ insolvency plea valid even after three years, rules SC, BFSI News, ET BFSI

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The Supreme Court has ruled that plea by a financial creditor for initiation of insolvency resolution process against a corporate debtor before the adjudicating authority will not get time barred on the ground that it had been filed beyond a period of three years from the date of declaration of the loan account as NPA.

A two-judge bench set aside an order of National Company Law Appellate Tribunal (NCLAT) by which it had said that application under section 7 of Insolvency and Bankruptcy Code (IBC) of Dena Bank (now Bank of Baroda) for initiation of insolvency process was time barred.

The bench said, “To sum up, in our considered opinion an application under Section 7 of the IBC would not be barred by limitation, on the ground that it had been filed beyond a period of three years from the date of declaration of the loan account of the Corporate Debtor as NPA, if there were an acknowledgement of the debt by the Corporate Debtor before expiry of the period of limitation of three years, in which case the period of limitation would get extended by a further period of three years”.

It said that the impugned judgement and order of NCLAT is unsustainable in law and facts and allowed the appeal of Dena Bank.

The case

Dena Bank has moved the top court in appeal against December 18, 2019 order of NCLAT setting aside an order of March 21, 2019 passed by NCLT, Bengaluru admitting the application of the bank for initiation of insolvency proceedings against company Kaveri Telecom Infrastructure Limited and its director C Shivakumar Reddy.

By a letter dated December 23, 2011 the Bank had sanctioned term loan and Letter of Credit Cum Buyers’ Credit in favour of the company, with an upper limit of Rs 45 Crores.

The said term loan was to be repaid in 24 quarterly instalments of Rs 187.50 lakhs, which were to commence two years after the date of disbursement, and the entire term loan was to be repaid in eight years, inclusive of the implementation period of one year and the moratorium period.

On September 20, 2013 the corporate debtor defaulted in repayment of its dues to the bank and the loan account of the company was therefore declared Non Performing Asset (NPA) on December 31, 2013

The rationale

The bench said that there is no bar in law to the amendment of pleadings in an application under Section 7 of the IBC, or to the filing of additional documents, apart from those initially filed along with application under the provision of the IBC in Form-1.

“In the absence of any express provision which either prohibits or sets a time limit for filing of additional documents, it cannot be said that the adjudicating authority committed any illegality or error in permitting the appellant bank to file additional documents,” it said.

The top court, however, said that depending on the facts and circumstances of the case, when there is inordinate delay, the adjudicating authority might, at its discretion, decline the request of an applicant to file additional pleadings and/or documents, and proceed to pass a final order.

“In our considered view, the decision of the adjudicating authority to entertain and/or to allow the request of the appellant bank for the filing of additional documents with supporting pleadings, and to consider such documents and pleadings did not call for interference in appeal,” it said.

Fresh cause of action

The top court said that a judgment and/or decree for money in favour of the financial creditor, passed by the DRT, or any other Tribunal or Court, or the issuance of a Certificate of Recovery in favour of the financial creditor, would give rise to a fresh cause of action, to initiate proceedings under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process, if the dues remain unpaid.

It said that in the instant case the balance sheets and financial statements of the Corporate Debtor for 2016-2017, constitute acknowledgement of liability which extended the limitation by three years, apart from the fact that a Certificate of Recovery was issued in favour of the appellant bank in May 2017.

It said that the National Company Law Tribunal (NCLT), Bengaluru had rightly admitted the application of the bank by its order dated March 21, 2019.

Limitation Act

It said that there is no specific period of limitation prescribed in the Limitation Act, 1963, for an application under the IBC, before the NCLT but an application for which no period of limitation is provided anywhere else in the Schedule to the Limitation Act, is governed by Article 137 of the schedule of the said Act.

“There can be no dispute with the proposition that the period of limitation for making an application under Section 7 or 9 of the IBC is three years from the date of accrual of the right to sue, that is, the date of default,” it said.



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7 Best Natural Gas Distribution Company Stocks in India

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ONGC

The Oil and Natural Gas Corporation is a state-owned crude oil and natural gas company in India. New Delhi is the company’s registered office. It is owned by the Indian government’s Ministry of Petroleum and Natural Gas. It has a market capitalization of Rs. 147,503.77 crores, putting it in first place. They can expect a high rate of return in the future if they invest a small amount now. Oil And Natural Gas Corporation Ltd. has declared an equity dividend of Rs 1.75 per share in the last 12 months. This equates to a dividend yield of 1.51 percent at the current share price of Rs 116.20.

In the past year, the stock has gained around 50% and is now rading at Rs 114 on NSE.

Parameter Values
Market Cap (Rs. in Cr.) 146434.45
Earning Per Share (EPS TTM) (Rs.) 8.94
Price To Earnings (P/E) Ratio 13.02
Book Value Per Share (Rs.) 156.48
Price/Book (MRQ) 0.74
Price/Earnings (TTM) 5.31
ROCE (%) 10.75

BPCL

BPCL

Bharat Petroleum Corporation Limited is an oil and gas company owned by the Indian government. It is owned by the Government of India’s Ministry of Petroleum and Natural Gas, which is based in Mumbai, Maharashtra. BPCL has a PE ratio of 5.21 which is low and comparatively undervalued . Since June 18, 2001, Bharat Petroleum Corporation Ltd. has announced 33 dividends.

Bharat Petroleum Corporation Ltd. has declared an equity dividend of Rs 21.00 per share in the last 12 months. This translates to a dividend yield of 4.6 percent at the current share price of Rs 456.10. Over a three-year period, the stock returned 14.02 percent, while Nifty Energy returned 27.48 percent to investors.

Parameter Values
Market Cap (Rs. in Cr.) 98635.92
Earning Per Share (EPS TTM) (Rs.) 87.78
Price To Earnings (P/E) Ratio 5.18
Book Value Per Share (Rs.) 174.69
Price/Book 2.60
Price/Earnings (TTM) 4.28
ROCE (%) 6.61

Indian Oil Corporation

Indian Oil Corporation

Indian Oil Corporation Ltd., or IOCL, is India’s third-largest public sector gas firm. Its shares are one of India’s most actively traded petroleum stocks, with a minimal level of market risk.

Each share is inexpensive, and an investor can purchase a huge number of them. The 52-week low was Rs 71.65, while the 52-week high was Rs 117. The dividend on IOCL shares is 5.07 percent, and it is distributed to shareholders in proportion to the number of shares they own.

The company’s net value is Rs.98,283.82 crores, and it is continually expanding. Indian Oil Corporation Ltd. has declared an equity dividend of Rs 12.00 per share in the last 12 months.

This translates to a dividend yield of 11.48 percent at the current share price of Rs 104.50.

Parameter Values
Market Cap (Rs. in Cr.) 97860.18
Earning Per Share (EPS TTM) (Rs.) 27.48
Price To Earnings (P/E) Ratio 3.78
Book Value Per Share (Rs.) 108.85
Price/Book (MRQ) 0.95
Price/Earning (TTM) 2.72
ROCE (%) 15.91

Gujarat Gas

Gujarat Gas

The Gujarat State Petroleum Corporation owns it, and its market value is Rs. 52,937.20

crores. The company was founded in 1980 and now serves the entire state of Gujarat as the largest city distributor.

Gujarat Gas Ltd. shares have successfully crossed the 52-week low and are currently trending higher.

Parameter Values
Market Cap (Rs. in Cr.) 53832.11
Earning Per Share (EPS TTM) (Rs.) 18.53
Price To Earnings (P/E) Ratio 42.20
Book Value Per Share (Rs.) 54.28
Price/Book (MRQ) 14.41
Price/Earning (TTM) 33.30
ROCE (%) 29.17

 Hindustan Petroleum

Hindustan Petroleum

With headquarters in Mumbai, Maharashtra, Hindustan Petroleum Corporation Limited is a subsidiary of Oil and Natural Gas Corporation. It has a 25% market share among public sector undertakings in India, as well as a strong marketing infrastructure. HPCL (Hindustan Petroleum Corporation Ltd.) is one of the country’s main natural gas service providers.

HPCL currently has a net value of Rs. 37,577.35 crores, and this figure is expected to rise consistently as the company expands its portfolio.

Since July 27, 2000, Hindustan Petroleum Corporation Ltd. has announced 32 dividends. Hindustan Petroleum Corporation Ltd. has declared an equity dividend of Rs 22.75 per share in the last 12 months. At the current share price of Rs 265.05, this translates to an 8.58 percent dividend yield.

Parameter Values
Market Cap (Rs. in Cr.) 37570.25
Earning Per Share (EPS TTM) (Rs.) 67.99
Price To Earnings (P/E) Ratio 3.90
Book Value Per Share (Rs.) 230.47
Price/Book (MRQ) 1.15
Price/Earning (TTM) 2.84
ROCE (%) 4.17

GAIL India

GAIL India

GAIL Limited, located in New Delhi, India, is a government-owned natural gas corporation responsible for natural gas processing and distribution in India. It is owned by the Indian government’s Ministry of Petroleum and Natural Gas. Since September 3, 2001, GAIL (India) Ltd. has declared 42 dividends.

GAIL (India) Ltd. has issued an equity dividend of Rs 5.00 per share in the last 12 months.

This calculates to a dividend yield of 3.49 percent at the current share price of Rs 143.45.

Parameter Values
Market Cap (Rs. in Cr.) 63941.55
Earning Per Share (EPS TTM) (Rs.) 11.01
Price To Earnings (P/E) Ratio 13.08
Book Value Per Share (Rs.) 102.13
Price/Book (MRQ) 1.41
Price/Earnings (TTM) 9.41
ROCE (%) 17.08

Adani Gas

Adani Gas

Adani Total Gas is building City Gas Distribution (CGD) Networks to distribute Piped Natural Gas (PNG) to the industrial, commercial, residential, and transportation sectors, as well as Compressed Natural Gas (CNG). Adani Total Gas Ltd, the Adani Group’s city gas joint venture with TotalEnergies of France, announced a three-fold increase in its June 2021 quarter net profit to Rs 138 crore on Wednesday, Adani Total Gas declared three dividends.

Adani Total Gas Ltd. has declared an equity dividend of Rs 0.25 per share in the last 12 months.

This equates to a dividend yield of 0.03 percent at the current share price of Rs 885.00.

Parameter Values
Market Cap (Rs. in Cr.) 98103.06
Earning Per Share (EPS TTM) (Rs.) 5.13
Price To Earnings (P/E) Ratio 173.94
Book Value Per Share (Rs.) 15.11
Price/Book (MRQ) 59.02
Dividend Yield 0.03
Face Value 1.0
Price/Earning (TTM) 210.3
ROCE (%) 31.07

Disclaimer

Disclaimer

Petronet LNG, Mahangar Gas, Indraprastha Gas, GSPL are some of the other popular gas companies in India.

Investing in stocks is risky and investors should do their own research. The author, the brokerage firms or Greynium Information Technologies are not responsible for any losses incurred due to a decision based on the above article. Investors should hence exercise due caution as the Nifty has now crossed an historic peak of 16,000 points. Please consult a professional advisor.



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Parliamentary panel that includes former PM Manmohan Singh wants IBC overhaul, BFSI News, ET BFSI

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A parliamentary standing committee led by former Union minister Jayant Sinha set up to examine the workings of the Insolvency and Bankruptcy Code (IBC) has recommended an overhaul of the present system including a threshold rate of haircut for creditors.

The 29 member committee includes former prime minister Manmohan Singh.

Low recovery rates with haircuts as much as 95% and 71% of the cases pending beyond the 180 days timeframe envisaged by the law point towards a deviation from the original objective of the Code.

“As the insolvency process has fairly matured now, there may be an imperative to have a benchmark for the quantum of “hair-cut”, comparable to global standards,” the committee said without specifying what this benchmark could be.

It noted that though the new code has helped in substantially improving credit culture, there are long delays in cases due to the time taken to admit cases, allowing bidders even after the deadline and various challenges to the NCLT judgements.

The committee also expressed apprehension about fresh graduates being appointed as resolution professionals (RPs) expressing doubts over their handling of large cases. It pointed out that regulatory action has been taken in 123 out of the 203 cases examined by the Insolvency and Bankruptcy Board of India (IBBI).

The panel’s suggestions

Only high court judges be appointed to the National Company Law Tribunal (NCLT) to ensure quicker disposal of cases.

Instead of having multiple insolvency professional agencies (IPAs) a single body may be formed to oversee and regulate RPs.

Bring a professional code of conduct for the committee of credtors (CoC) the main decision making body approving a resolution plan and also a set of guidelines for the appointment of RPs to ensure transparency in the CoC.

NCLT should accept defaulters within 30 days and transfer control to a resolution process within this time period.

IBC needs to be amended so that no post hoc bids are allowed during the resolution process.

Involving national law schools so that conduct research, training and also provide support in the form of law clerks.

It has suggested dedicated benches of the IBC within the NCLT and also special benches for micro and small enterprises for quicker disposal of cases.

RPs should also be allowed to sell company assets depending on the demand, in parts to multiple bidders rather than in a block to get maximum value.



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Cochin Chamber of Commerce and Industry seeks review of RBI circular on current accounts

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The Cochin Chamber of Commerce and Industry has requested the Reserve Bank of India (RBI) for a review of its circular of August 2020 restricting the use of current accounts with banks other than those with whom loan facilities are granted.

As per the RBI’s directive, no bank can open or allow operation of current accounts for customers who have availed credit facilities in the form of cash credit/ overdrafts in any other bank.

K. Harikumar, the Chamber President said that the accounts have been closed by the banks unilaterally even in the case of borrowers who maintained current account with different branches of the same bank from where the cash credit/ overdraft facility was availed.

Also read: RBI gives banks 3 more months to comply with new rules on opening current accounts

It explained that the loan facility may be granted from a bigger branch while the companies operated current accounts with the same bank nearer to the factories, which could be in different locations.

These current accounts were used for disbursements to local purchases, wages, salary etc. to prevent the risk of carrying cash. These current accounts which are maintained in the same bank could be monitored and ensured that no diversion of funds takes place. The closure of these current accounts has put the companies in a very tight situation.

Similarly, small traders whose collections from sales are mostly in cash remit the proceeds in current accounts with smaller banks and later transfer the same to the bank where the overdraft facilities are availed.

They are forced to resort to maintaining current accounts since new generation banks and big public sector banks either refuse to accept cash or charge hefty fee as cash counting charges. These traders are also totally at a loss.

The chamber has requested the RBI to permit the usage of current accounts and also requests that a detailed dialogue be entered into with the chambers/ trade associations and ensure that genuine business is not put to difficulty on account of this circular.

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Financial creditors’ insolvency plea valid even after three years, rules SC, BFSI News, ET BFSI

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The Supreme Court has ruled that plea by a financial creditor for initiation of insolvency resolution process against a corporate debtor before the adjudicating authority will not get time barred on the ground that it had been filed beyond a period of three years from the date of declaration of the loan account as NPA.

A two-judge bench set aside an order of National Company Law Appellate Tribunal (NCLAT) by which it had said that application under section 7 of Insolvency and Bankruptcy Code (IBC) of Dena Bank (now Bank of Baroda) for initiation of insolvency process was time barred.

The bench said, “To sum up, in our considered opinion an application under Section 7 of the IBC would not be barred by limitation, on the ground that it had been filed beyond a period of three years from the date of declaration of the loan account of the Corporate Debtor as NPA, if there were an acknowledgement of the debt by the Corporate Debtor before expiry of the period of limitation of three years, in which case the period of limitation would get extended by a further period of three years”.

It said that the impugned judgement and order of NCLAT is unsustainable in law and facts and allowed the appeal of Dena Bank.

The case

Dena Bank has moved the top court in appeal against December 18, 2019 order of NCLAT setting aside an order of March 21, 2019 passed by NCLT, Bengaluru admitting the application of the bank for initiation of insolvency proceedings against company Kaveri Telecom Infrastructure Limited and its director C Shivakumar Reddy.

By a letter dated December 23, 2011 the Bank had sanctioned term loan and Letter of Credit Cum Buyers’ Credit in favour of the company, with an upper limit of Rs 45 Crores.

The said term loan was to be repaid in 24 quarterly instalments of Rs 187.50 lakhs, which were to commence two years after the date of disbursement, and the entire term loan was to be repaid in eight years, inclusive of the implementation period of one year and the moratorium period.

On September 20, 2013 the corporate debtor defaulted in repayment of its dues to the bank and the loan account of the company was therefore declared Non Performing Asset (NPA) on December 31, 2013

The rationale

The bench said that there is no bar in law to the amendment of pleadings in an application under Section 7 of the IBC, or to the filing of additional documents, apart from those initially filed along with application under the provision of the IBC in Form-1.

“In the absence of any express provision which either prohibits or sets a time limit for filing of additional documents, it cannot be said that the adjudicating authority committed any illegality or error in permitting the appellant bank to file additional documents,” it said.

The top court, however, said that depending on the facts and circumstances of the case, when there is inordinate delay, the adjudicating authority might, at its discretion, decline the request of an applicant to file additional pleadings and/or documents, and proceed to pass a final order.

“In our considered view, the decision of the adjudicating authority to entertain and/or to allow the request of the appellant bank for the filing of additional documents with supporting pleadings, and to consider such documents and pleadings did not call for interference in appeal,” it said.

Fresh cause of action

The top court said that a judgment and/or decree for money in favour of the financial creditor, passed by the DRT, or any other Tribunal or Court, or the issuance of a Certificate of Recovery in favour of the financial creditor, would give rise to a fresh cause of action, to initiate proceedings under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process, if the dues remain unpaid.

It said that in the instant case the balance sheets and financial statements of the Corporate Debtor for 2016-2017, constitute acknowledgement of liability which extended the limitation by three years, apart from the fact that a Certificate of Recovery was issued in favour of the appellant bank in May 2017.

It said that the National Company Law Tribunal (NCLT), Bengaluru had rightly admitted the application of the bank by its order dated March 21, 2019.

Limitation Act

It said that there is no specific period of limitation prescribed in the Limitation Act, 1963, for an application under the IBC, before the NCLT but an application for which no period of limitation is provided anywhere else in the Schedule to the Limitation Act, is governed by Article 137 of the schedule of the said Act.

“There can be no dispute with the proposition that the period of limitation for making an application under Section 7 or 9 of the IBC is three years from the date of accrual of the right to sue, that is, the date of default,” it said.



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SBI Stock: Buy With A 33% Upside, Says Motilal Oswal

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SBI: Stock to gains 33% from current levels

The brokerage said that the bank reported a steady quarter, with an earnings beat of 12% on some of its own parameters. This was aided by controlled provisions despite a challenging environment. Core operating performance was in-line.

Current market price Rs 445
Target Rs 600

“Asset quality ratios deteriorated marginally on elevated slippage in Retail/SME. However, the management clarified that slippage worth Rs 48 billion has already been recovered/upgraded in July’21. Furthermore, the total restructured book remained in check, while SMA 1/2 (exposure of >Rs 50 million) was stable QoQ at Rs 113 billion (0.5% of loans),” the brokerage has said.

SBI: Controlled provisions led to better earnings

SBI: Controlled provisions led to better earnings

State Bank of India reported first quarter profits for FY22 of Rs 65 billion (55% YoY growth; 12% above estimate), aided by lower provisions (20% YoY decline) v/s Motilal Oswa’s own estimates. Net Interest Income growth was weak at 3.7% YoY (4% miss), with domestic Net Interest Income up 4 basis points QoQ to 3.15%.

Motilal Oswal Financial estimates for State Bank of India (in billion)

FY 2022 FY 2023
Net Interest Income Rs 1,201.1 Rs 1,382.1
Net profit Rs 320 Rs 412
EPS Rs 35.9 Rs 46.2
Price to book value 1.4 times 1.2 times
OPM % 2.90% 3.00%

Why Motilal Oswal has a buy on the stock of SBI?

Why Motilal Oswal has a buy on the stock of SBI?

Asset quality ratios deteriorated marginally on elevated slippage in Retail/SME. According to Motilal Oswal, the management clarified that slippage worth Rs 48 billion has already been recovered/upgraded in July’21. Furthermore, the total restructured book remained in check, while SMA 1/2 (exposure of Rs 50 million) was stable QoQ at Rs 113 billion (0.5% of loans)

According to the brokerage, the bank is gaining momentum in earnings every quarter. “Thus, we estimate SBI to deliver FY22/FY23 Return on Equity of 13.1%/14.6%, even as we build in credit cost of 1.6%/1.3% for FY22E/FY23E. Maintain BUY, with revised price target of Rs 600,” the brokerage has said.

Other brokerages too have a buy on the stock

Some other brokerages like Goldman Sachs, CLSA etc., too have maintained buy on the stock.

CLSA has maintained buy call after the bank reported a solid performance and continued to deliver on asset quality.

“The Net Interest Income was a miss driven by yield pressure & a lack of growth. PpoP/net profits estimates cut by 1-3% and expect the bank to deliver a 14% Return on Equity in FY22 & 15% from FY23,” it said.

Disclaimer

Disclaimer

The above stocks are based on the report of Motilal Oswal Institutional Research. Investing in stocks is risky and investors should do their own research. The author, the brokerage firms or Greynium Information Technologies are not responsible for any losses incurred due to a decision based on the above article. Investors should hence exercise due caution as the Nifty has now crossed an historic peak of 16,000 points. Please consult a professional advisor.



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