‘Disbursements set to grow, while NPAs will decline’

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Mahindra and Mahindra Financial Services has seen an improvement in rural sentiment as the second Covid-19 wave ebbs. Ramesh Iyer, Managing Director and Vice-Chairman, Mahindra Finance, says demand is picking up and collection efficiencies are improving. In an interview with BusinessLine, Iyer said the company will look at expansion in the second half of the fiscal and is well capitalised for its business plans. Edited excerpts:

What kind of growth do you expect this fiscal?

Compared to previous years, the disbursement will be high. I see that volumes will pick up for auto loans, tractors, pre-owned vehicles. Disbursements will see a growth trajectory and NPAs [non-performing assets] will have a declining trajectory.

How confident are you of a reduction in NPA levels?

NPAs in the first quarter were purely due to a liquidity problem for customers, where they couldn’t earn enough and delayed payments. Otherwise, they are not defaulting customers. I would call them as a delay and not a default. We are confident that the customers who have delayed their instalments would definitely pay back.

Mahindra Finance: Macro sentiments turning positive in July

Are there more restructuring requests since the first quarter?

We had about six lakh eligible customers, but we did restructuring for only 60,000 in the first quarter. I would not expect the restructuring numbers to be very high this quarter but there could be some demand from commercial and passenger vehicles. It could be 30,000 to 35,000 customers. In terms of exposure, along with what we did in June, it should not account more than 4-5 per cent of the book.

Is demand picking up?

Even during this pandemic, we didn’t see too many cancellations, but dealerships were closed. With the opening-up in June, we did see volumes pick up and it continued in July. Normally, July and August are not great months for vehicle purchase. People wait for the festival season. This could also be pent-up demand from the first quarter. We all hope and pray there is no severe third wave; and with a good monsoon one could expect both September and October to do well, especially as infrastructure work gathers pace. With both of that happening, it could be a good buoyant story from a rural perspective.

Mahindra Finance posts Q1 net loss of ₹1,573 crore

Will this be a year of expansion for you?

It will be a mix in terms of people and branches. We will definitely add in the second half. By then we will know, the third-wave behaviour, if any, and we will also know how the harvest is panning out. We are also ensuring adequate investment in technology. We have built a very strong digital and AI team, and they are looking at various processes that can be digitised. Our data team is looking at the millions of data we have and coming out with forecasts based on trends.

Are you looking at new products or focus areas?

From our point of view, it’s important to capture three areas for further growth. We have created a very strong SME [small and medium-sized enterprises] vertical, where we are working with a large Mahindra ecosystem, and other OEM [original equipment manufacturer] ecosystem, where we will support suppliers for their capex or working capital requirements. We have chosen three industries to work with — auto, agriculture and engineering — where we think there is a lot of play for SME players. In the vehicle segment, pre-owned vehicles will be a good growth segment. As infrastructure opens up, tractor volumes will pick up. Many OEMs in cars are also reaching out to rural markets with their launches and that can become a natural synergy for us to gain volume. We do believe that leasing in the next three years will become a prominent play. We have set up a digital finco for small-ticket consumer durable and personal loans. The platform is live but this is a testing year. While we have done some loans, from April you will see a lot of aggression in this business.

Are there any outstanding issues for NBFCs?

The issue of liquidity has been addressed now. If at all the third wave happens and impacts customers, then expectations would be for a moratorium for customers. In restructuring, typically, customers are a little worried about the interest burden; but in a moratorium, they are very clear that they will not have to pay an instalment for a certain period. It helps both the company and the customer.

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ICICI Securities Lists Out 4 Stocks To Buy With Potential Gains

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Buy the stock of Tata Consumer Products for 19% upside

Broking firm, ICICI Securities has said to buy the stock of Tata Consumer Products with an upside target of 19% on the stock. According to the broking firm, TCPL has 1500 distribution points in India, reaching 0.82 million outlets directly, with a target of 1.0 million outlets by September 2021. The company is also expanding its rural presence with 3x feet on the street, 2000 rural distributors, and 300 super stockists.

“TCPL’s share price has moved up 5.5x in the last five years (from Rs 140 in August 2016 to Rs 759 in August 2021).  We roll over FY24 numbers on expectations of continued growth momentum with health, ayurveda & natural consumption tailwinds  We continue to maintain BUY rating on the stock Target Price and Valuation: We value the stock at Rs 900 ascribing 55x FY24 earnings multiple,” the brokerage has said.

Current Market Price Rs 759
Target Price Rs 900
Upside Potential 19%

Buy Kalpataru Power: ICIC Securities

Buy Kalpataru Power: ICIC Securities

Brokerage firm, ICICI Securities also has a buy call on the stock of Kalpataru Power, with a 16 % upside target from the current levels.

According to the broking firm, for FY22E, management expects revenue growth of 10% to 15%, with order inflows of Rs 9000 crore (5000 crore in T&D and Rs 2000 crore each in railroads and oil and gas). For FY22E, margins are likely to remain in the double digits.

“We believe monetisation of non-core assets to improve balance sheet health and return ratios in the long run. We remain long term positive and retain our BUY rating on the stock. Target Price and Valuation: We value KPTL at Rs 550 on an SoTP basis,” the brokerage has said.

Current Market Price Rs 475
Target Price Rs 550
Upside Potential 16%

Buy Titan: ICICI Securities

Buy Titan: ICICI Securities

The brokerage is also bullish on the stock. The brokerage says Titan has repeatedly demonstrated its capacity to acquire market share in a challenging industrial environment, owing to its solid balance sheet (30 percent+ RoCE and cash & investments of Rs 2000+ crore) and brand loyalty.

“Titan has been an exceptional performer in the discretionary space with stock price appreciating at ~34% CAGR in last five years. We continue to remain structurally positive and maintain BUY rating Target Price and Valuation: We value Titan at Rs 2110 i.e. 60x FY24E EPS.

Working capital management has been a top goal for the corporation, which has kept inventory under tight control and placed a greater emphasis on gold on lease replenishment. As a result, the company’s cash position has significantly improved.” the brokerage has said.

Current Market Price Rs 1800
Target Price Rs 2110
Upside Potential 17%

Buy Transport Corp; ICICI Securities

Buy Transport Corp; ICICI Securities

ICICI Securities has a buy call on Transport Corp., but believes the stock has a 17 percent upside from present levels. TCI had great results, outperforming expectations on all fronts. Revenues increased by 86 percent year on year to Rs 611 crore, with freight, SCM, and shipping revenue increasing by 82 percent, 106 percent, and 68 percent, respectively.

“TCI has been continually improving its margin profile by efficiently handling its fleet utilisation and other cost control measures, which has led to a sharp run-up in the stock. •We remain positive on the stock and maintain our BUY recommendation Target Price and Valuation: We value the stock at | 520 (SOTP).

TCI captures higher wallet share of its customers by providing diversified range of services via a single window. The variety of services also helps TCI to ride over volatile periods,” the brokerage has said.

Current Market Price Rs 445
Target Price Rs 520
Upside Target 17%

Disclaimer

Disclaimer

The above stocks are based on the report ICICI Securities. 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 are at record peaks. Please consult a professional advisor.



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Raghuram Rajan, BFSI News, ET BFSI

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NEW DELHI: The term ‘Quantitative Easing’ became widely known in financial markets during the last Global Financial Crisis of 2008. Former RBI governor Raghuram Rajan, who famously predicted that particular collapse, has recently warned about the risks associated with excessive largesse from central banks.

In a recent article, Rajan flagged the potential pain that global financial markets might see when central banks turn off the easy money tap.

The world over, government debt is rising exponentially and more worryingly, an increasing amount of the debt maturity profile is skewed through issuance of longer-dated securities.

Political dispensations typically look past long-term debt, as the exigencies of democratic politics may ensure that a successive administration has to bear the burden of earlier borrowings.

“…What if interest rates start moving up as inflation takes hold? If government debt is around 125% of GDP, every percentage point increase in interest rates would translate into a 1.25 percentage point increase in the annual fiscal deficit as a share of GDP,” the RBI ex-governor wrote.

SHORT-TERM EXPOSURE
Rajan specifically warned about the risks that economies are exposing themselves to on account of the inevitability of interest rate hikes.

“When the central bank hoovers up five-year government debt from the market in its monthly bond-buying program, it finances those purchases by borrowing overnight reserves from commercial banks on which it pays interest… QE thus drives a continuous shortening of effective government debt maturity and a corresponding increase in (consolidated) government and central bank exposure to rising interest rates,” he wrote.

LESSON FOR INDIA?
India’s public debt profile worsened significantly well before the pandemic. Government debt, which till three years back used to be confined to Rs 6 lakh crore on a gross basis, has risen by around 80% over the last 2-3 years.

This financial year, the government has announced a gross borrowing programme of Rs 12.06 lakh crore. When interest rates rise, as they must at some point, the shock to banks’ profit margins could be huge after this degree of exposure.

In recent chats with ETMarkets.com, some leading economists have flagged the issues emanating from such elevated levels of public indebtedness.

“Scenarios where debt-to-GDP becomes a problem can always emerge, especially if nominal GDP growth is not close to double digits. However, as of now, our baseline view is that general government debt-to-GDP is close to 88-90%, but it is unlikely to become a concern for the rating agencies, because we expect a gradual downward trend after two to three years,” Standard Chartered Bank’s head of economic research Anubhuti Sahay said.

“… with public debt at close to 90% of GDP, fiscal headroom to deal with another wave is now further compromised. And then, there is not a whole lot that additional monetary accommodation can achieve,” ANZ Bank’s Chief Economist for South East Asia and India Sanjay Mathur said.

Raghuram Rajan perhaps reserved the most hard-hitting part of his recent note for the last paragraph.

“As for the US, not only is the outstanding government debt much shorter in maturity than that of the UK, the Fed already owns one-quarter of it,” he wrote.



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Buy These 3 PSU Bank Stocks, They Are Available At Discount To Long-Term Averages

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PSU banks stocks that are available at discount

Current p/e 10-year average p/e Discount
Bank of Baroda 8.3 12.9 -35.00%
Indian Bank 3.5 10.2 -66.00%
State Bank of India 9.7 13.8 -29

From the above table, it can be seen that the stock of Indian Bank is the cheapest in terms of valuations and hence is a solid pick. The shares of Indian Bank are available at a price to earnings multiple of just 3.5 times and are available at a discount of 66% to long-term averages as per the Motilal Oswal Bulls & Bears, handbook on valuations in India.

Why you should buy select PSU bank stocks?

Why you should buy select PSU bank stocks?

According to the handbook, PSU Banks are trading at a P/B of 1.1 times, near their historical average of 1 times. “Some public sector banks reported lower slippage trends v/s select Private Banks. The corporate cycle is also clearly turning, and we expect public sector banks to benefit from it,” says the Motilal Oswal Bulls & Bears, handbook on valuations in India

The brokerage has also noted that the earnings outlook is improving, led by a reduction in credit cost estimates, as most public sector banks have strengthened their provision coverage over the last couple of years.

“Select public sector banks have also undergone a capital raise to prepare themselves for growth opportunities. Also, the current capital position of most public sector banks has improved,” the Motilal Oswal Bulls & Bears, handbook has said.

SBI and Indian Bank are stocks to buy from the PSU banking space

SBI and Indian Bank are stocks to buy from the PSU banking space

Within public sector banks, State Bank of India appears well-positioned to report a strong up tick in earnings, led by a normalization in credit costs and improvement in the business momentum in both the Retail and Corporate segment.

“Among PSUs, we estimate State Bank of India to reach a decade-high RoE of 15% by FY23E. SBI remains the top share to pick,” the brokerage has said.

Emkay Global and Motilal Oswal have upside of almost 31% to 34% on the stock on SBI. Last month the brokerage firm Emkay Global raised the target price on Indian Bank to a whopping Rs 225 from the current market price of Rs 135.

The 2 stocks of Indian Bank and SBI would remain the top stocks to buy, because of what analysts are betting and the discount to long term averages on these stocks.

“Overall, most public sector banks are trading at reasonable valuations, with an improving earnings outlook,” Motilal Oswal has said in its bulls and bears handbook.

Disclaimer

Disclaimer

Investing in stocks poses a risk of financial losses. Investors must therefore exercise due caution. Greynium Information Technologies, the author, and the brokerage house are not liable for any losses caused as a result of decisions based on the article. Investors should take precaution because the markets are near record highs.



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LIC Saral Pension Plan: Here’s How You Can Get Fixed Monthly Income of Rs 1000

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Benefits and annuity options

Option I: Life Annuity with 100% purchase price return and Option II: Joint Life Last Survivor Annuity with 100% purchase price return on death of the last survivor are the two annuity options available under this plan. According to LIC, once annuity choice is preferred, it cannot be changed. The following are the benefits available under the two annuity options:

Benefits under Option 1: According to the preferred mode of an annuity payment, annuity payments shall be issued in arrears throughout the lifespan of the annuitant. The annuity payment terminates, and the purchase price is paid to the nominee(s)/legal heirs in full, in case of death of the annuitant.

Benefits under Option 2: As long as the annuitant and/or spouse are alive, the annuity sum will be paid in arrears according to the chosen annuity payment mode. The annuity payments will end immediately upon the death of the last survivor, and the nominee(s)/legal heirs will receive 100 percent of the purchase price.

Mode of annuity payment

Mode of annuity payment

Annual, half-yearly, quarterly, and monthly annuities are offered. The annuity will be paid in arrears, which means it will be paid after 1 year, 6 months, 3 months, and 1 month from the date of policy inception, based on whether the annuity is paid annually, half-yearly, quarterly, or monthly. The Minimum Purchase Price is determined by the minimum annuity the option selected, and the annuitant’s age. The maximum purchasing price is limitless. Option II, the Joint Life Annuity, is exclusively available to spouses. In the case of joint life annuity choices, the age of the spouse is also subject to the minimum entry age.

Annuity Mode Monthly Quarterly Half-yearly Annual
Minimum Annuity Rs 1000 per month Rs 3000 per quarter Rs 6000 per half-year Rs 12,000 per annum

Incentives

Incentives

The following is the incentive for a higher purchase price via an increase in the annuity rate:

Mode of annuity For Rs 1000/-Purchase price (in Rs)
Less than 5,00,000 5,00,000 to 9,99,999 10,00,000 to 24,99,999 25,00,000 and above
Yearly NIL 0.80 1.45 1.80
Half Yearly NIL 0.75 1.40 1.75
Quarterly NIL 0.70 1.35 1.70
Monthly NIL 0.65 1.30 1.65

For policies purchased online, a 2% rebate in the form of an increase in the annuity will be offered.

Surrender value

Surrender value

At any time after six months from the date of initiation, if the annuitant, spouse, or any of the annuitant’s children is hospitalized due to suffering from any of the specified critical illnesses, the policy can also be surrendered by submitting the required documents. If the surrender is approved, the annuitant will receive 95% of the purchase price, with a deduction of any outstanding loan amount and any loan interest. All other benefits will cease upon payment of the surrender value, and the policy will be terminated. Any adjustments to the surrender value calculation procedure may be implemented only with IRDAI’s prior permission.

Loan facility

Loan facility

The loan is available at any time after six months from the policy’s inception date. Under the joint-life annuity option, the loan can be acquired by the annuitant. And at the death of the annuitant, the loan can be obtained by the spouse. The maximum loan amount that can be provided under the policy should not surpass 50% of the yearly annuity amount payable under the scheme. The interest on the loan will be deducted from the annuity balance payable under the policy. The interest on the loan will accumulate at the same rate as the annuity payments under the policy, and it will be payable on the annuity’s payable deadline. Any outstanding loan will be recovered from the policy’s claim payouts.

The annuitant, on the other hand, has the option of repaying the loan principal at any point throughout the term of the annuity payouts. For all loans starting between May 1 and April 30, the yearly effective rate will be similar to the 10-year G-Sec rate p.a. + 200 basis points. The 10-year G-Sec rate will be determined on April 1st of the applicable fiscal year. The determined interest rate will apply for the entire period of the loan. The relevant interest rate for the loan authorized for the 12-month period starting 1 May 2021, and ending 30 April 2022, is 8.44 percent per year, valid for the entire duration of the approved or sanctioned loan.



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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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