Union Bank to CBI, BFSI News, ET BFSI

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The Union Bank of India has written to the Central Bureau of Investigation (CBI) to probe the promoters and erstwhile management of Dewan Housing Finance Corporation Ltd (DHFL) for allegedly causing a loss of Rs 40,623.36 crores (as on July 30, 2020) crores to the consortium of banks led by Union Bank of India.

In its complaint, the lead bank has affixed the findings of audit firm, KPMG engaged by the consortium which has prima facie found, “deviation of laid down norms and procedures, manipulation of accounts, concealments, undisclosed bank accounts and misrepresentation”.

While the CBI is probing the promoters: Kapil and Dheeraj Wadhawan in the Yes Bank scam, sources said even while prima facie there is a case of fraud of loss of public money, the federal agency cannot register a fresh FIR for the want of general consent which needs to be accord by the Maharashtra government. In August last year in the aftermath of the probe into the manipulation of television rating points (TRP), the state government withdrew consent to the agency accorded to the CBI under Section 6 of the Delhi Special Police Establishment Act. A general consent is a must for the CBI to register an offence in the state, in its
absence, the federal agency has to approach the state government on a case to case basis seeking permission to conduct investigation.

Maharashtra is not the only state to withdraw consent, claiming vendetta by the centre, even other non-NDA states mainly West Bengal, Chhattisgarh, Kerala, Rajasthan and Punjab in the last one year have withdrawn general consent.

“Communication and representation has been made to the state government but consent hasn’t been accorded. The loss caused to public money is over Rs 40,000 crores and prima facie there is fraud committed by the promoter and the erstwhile management which requires to be investigated thoroughly,” said a senior official privy to the development.

Union Bank of India was not immediately available for comment.

The special audit report prepared by KPMG against the erstwhile management has found DHFL disbursed loans and advances totalling to Rs19,754 crores to 35 entities with commonalities to DHFL promoter. “…of these 25 entities had reported minimal operations and were disbursed loans and issued ICDs amounting to Rs14.632”. This number reached to 66 in the subsequent report submitted by KPMG. “Various emails evidencing that DHFL promoters were in control of multiple entities to the extent of appointment of directors and auditors, having income tax notices, maintenance of secretarial records of various companies”.

It also found that loans and advances to the tune of Rs 25,595 crores were disbursed to 65 entities having various deficiencies such as borrowers had minimal operations, inadequate loan documentation, mortgage security valuation and others, states the report accessed by ET reads. The audit also observed that repayments of 169 entities of Rs 5,476 crores could not be traced in DHFL’s bank account statements.

It also found a “Bandra Book entity”, that maintained the details of non-existing retail loans using dummy names which were maintained in a separate accounting system and then transferred to main accounting software of DHFL called Synergy. Rs 14,095.08 crores stated as project finance was prima facie falsely stated as retail loans and 1.81,664 fictions retail loan accounts were created for the same, the report states.



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Piramal Capital merges with DHFL

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Piramal Capital and Housing Finance Ltd (PCHFL) has merged with Dewan Housing Finance Corporation Ltd (DHFL).

“PCHFL has merged into DHFL with effect from September 30, 2021, pursuant to the reverse merger as contemplated under scheme of arrangement provided under the resolution plan,” Piramal Enterprises Ltd said in a stock exchange filing on Friday.

Also read: Ajay Piramal on the challenges faced in acquiring DHFL and the road ahead

Following this reverse merger, DHFL will issue equity shares to the shareholders of PCHFL in accordance with the scheme of arrangement provided under the resolution plan, it further said, adding that once the equity shares are allotted, DHFL will become a wholly-owned subsidiary of Piramal Enterprises Ltd (PEL).

The process is likely to take about four weeks to be completed. The development comes soon after PEL paid ₹34,250 crore for DHFL, completing its acquisition of the housing finance player.

The acquisition of DHFL is in line with a strategic roadmap to transform and expand PEL’s financial services business.

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ED provisionally attaches assets worth ₹578 crore in UPPCL-DHFL case

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The Enforcement Directorate has provisionally attached assets worth ₹578 crore of Wadhawan Global Capital (UK) in connection with the fraud at Uttar Pradesh Power Corporation Limited’s (UPPCL) provident fund which involves Dewan Housing Finance Corporation Ltd (DHFL).

WGC-UK is owned by Kapil Wadhawan and Dheeraj Wadhawan. “The attached assets are in the form of investment made by Wadhawans through WGC-UK in UK based companies,” the ED said in a statement on Tuesday.

The agency had initiated money laundering investigation on the basis of an FIR registered by Lucknow police against some officials of UPPCL for illegal investment of GPF and CPF funds of the employees in DHFL. This was in violation of the government’s notification and directives.

The investigation revealed that DHFL in connivance with UPPCL officials had illegally received ₹4,122.70 crore of GPF and CPF funds of UPPCL’s employees in fixed deposit in DHFL. Out of this, ₹2,267.90 crore of principal amounts is still outstanding to be paid by DHFL.

At this time, DHFL was also engaged in disbursing high value loans to its promoter related firms. All such unsecured loans had been sanctioned under directions of Kapil Wadhawan, who was then Chairman of DHFL and many such loans have turned non performing.

The investigation revealed that many of these loans had been siphoned off without being used for the purpose that they were sanctioned for.

Over ₹1,000 crore generated in this case has been siphoned off to UK by the Wadhawans through seven levels of layering and laundering through more than 30 beneficially owned and controlled Indian firms of Wadhawans.

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Lenders to DHFL may be paid this week

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Lenders to Dewan Housing Finance Corporation Ltd (DHFL) are likely to get repaid starting this week. According to sources, State Bank of India (SBI) has signed the transaction document on September 20 while other lenders are likely to do so in coming days.

This could also give a boost to second-quarter earnings of the lenders to DHFL, who had written off the loans. The housing finance company has admitted claims of about ₹88,000 crore and banks will have a recovery of about 40 per cent of their loans.

According to the approved resolution plan, Piramal Capital and Housing Finance Ltd will pay ₹37,250 crore for the mortgage financier. Financial creditors are also likely to sign the transaction document and will be repaid soon.

However, fixed deposit holders and others small investors of DHFL are hoping for a favourable verdict from the National Company Appellate Law Tribunal (NCLAT). The NCLAT is scheduled to take up appeals on the NCLT approval to DHFL’s resolution plan on September 29.

“We will wait for the NCLAT to decide on our appeal challenging the NCLT approval. We are prepared to approach the Supreme Court also,” said Vinay Kumar Mittal, a lead petitioner in the court on behalf of FD holders of DHFL.

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Yes Bank board okays prosecution of Rana Kapoor, BFSI News, ET BFSI

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Troubled lender Yes Bank’s board has given sanction to prosecute its jailed promoter Rana Kapoor under the Prevention of Corruption Act (PCA).

This came following a requisition by the Central Bureau of Investigation (CBI), which informed a local magistrate’s court of the development and filed a supplementary chargesheet in the Yes Bank fraud case earlier this week.

The central agency has charged R Anand, the then area sales manager, as well as a junior ex-employee of Yes Bank in the case, sources privy to the development told ET.

Last year, the CBI had sought the board’s approval after a special CBI court in Mumbai rejected its charge sheet against the banker under PCA as it lacked prosecution sanction.

The special court remitted the case to a lower court for cognisance under sections related to cheating and criminal conspiracy of the Indian Penal Code (IPC), which attract lesser punishment.

Prior sanction from a competent authority is mandatory to an accused public servant to stand trial under PCA, as per an amendment to the Act notified in 2018.

“Once the consent was accorded by the board, the lower court was intimated and since the sections invoked under PCA attract punishment of over seven years, the case papers have been sent to the Sessions court. A supplementary chargesheet has also been submitted before the Sessions court and cognisance is awaited,” a senior official told ET.

The sanction to prosecute Kapoor was granted by the Yes Bank board, while that for Anand was given by the managing director of the bank, the source added. The agency is probing Kapoor and Dewan Housing Finance Corporation Ltd’s (DHFL) promoters Kapil and Dheeraj Wadhawan in an alleged corruption case of over Rs 600 crore.

“During the course of the probe, it was found that Anand and another junior employee acted on the advice of Kapoor and overruled the recommendations given by the risk management committee against loans sanctioned to DHFL,” the official added.

The committee, in its recommendation, had highlighted that the Letter of Intent was not made to the company that applied for the loan, but in the name of a different company.

The project for which the loan was sought did not have the requisite sanction from the local authorities, including MHADA, and the tenants were not evicted, the official added.

“These over-rulings are discussed on email exchanged between the three and the same has been found during the course of the probe which has been detailed out in the chargesheet,” the source said.

According to the CBI’s first chargesheet, in June 2018, Kapoor, the then head of Yes Bank’s management credit committee, sanctioned a loan of `750 crore on an application by the promoters of DHFL in the name of Belief Realtors Pvt Ltd to develop the Bandra Reclamation Project.

This amount was advanced to RKW Developers, a company controlled by Dheeraj Wadhawan, though the bank’s risk management team had pointed out multiple issues with the proposal.

The agency’s probe revealed that the loan was not utilised for the stated purpose.

Simultaneously, Kapil Wadhawan is alleged to have paid a kickback of `600 crore to Kapoor and his family members in the garb of a builder loan from DHFL to DOIT Urban Ventures (India) Private Ltd (DUVPL).

Rana Kapoor’s daughter Roshni is one of the directors of DUVPL. After deducting a processing fee, Rs 632 crore was transferred to RKW Developers.



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Yes Bank board okays prosecution of Rana Kapoor, BFSI News, ET BFSI

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Troubled lender Yes Bank’s board has given sanction to prosecute its jailed promoter Rana Kapoor under the Prevention of Corruption Act (PCA).

This came following a requisition by the Central Bureau of Investigation (CBI), which informed a local magistrate’s court of the development and filed a supplementary chargesheet in the Yes Bank fraud case earlier this week.

The central agency has charged R Anand, the then area sales manager, as well as a junior ex-employee of Yes Bank in the case, sources privy to the development told ET.

Last year, the CBI had sought the board’s approval after a special CBI court in Mumbai rejected its charge sheet against the banker under PCA as it lacked prosecution sanction.

The special court remitted the case to a lower court for cognisance under sections related to cheating and criminal conspiracy of the Indian Penal Code (IPC), which attract lesser punishment.

Prior sanction from a competent authority is mandatory to an accused public servant to stand trial under PCA, as per an amendment to the Act notified in 2018.

“Once the consent was accorded by the board, the lower court was intimated and since the sections invoked under PCA attract punishment of over seven years, the case papers have been sent to the Sessions court. A supplementary chargesheet has also been submitted before the Sessions court and cognisance is awaited,” a senior official told ET.

The sanction to prosecute Kapoor was granted by the Yes Bank board, while that for Anand was given by the managing director of the bank, the source added. The agency is probing Kapoor and Dewan Housing Finance Corporation Ltd’s (DHFL) promoters Kapil and Dheeraj Wadhawan in an alleged corruption case of over Rs 600 crore.

“During the course of the probe, it was found that Anand and another junior employee acted on the advice of Kapoor and overruled the recommendations given by the risk management committee against loans sanctioned to DHFL,” the official added.

The committee, in its recommendation, had highlighted that the Letter of Intent was not made to the company that applied for the loan, but in the name of a different company.

The project for which the loan was sought did not have the requisite sanction from the local authorities, including MHADA, and the tenants were not evicted, the official added.

“These over-rulings are discussed on email exchanged between the three and the same has been found during the course of the probe which has been detailed out in the chargesheet,” the source said.

According to the CBI’s first chargesheet, in June 2018, Kapoor, the then head of Yes Bank’s management credit committee, sanctioned a loan of `750 crore on an application by the promoters of DHFL in the name of Belief Realtors Pvt Ltd to develop the Bandra Reclamation Project.

This amount was advanced to RKW Developers, a company controlled by Dheeraj Wadhawan, though the bank’s risk management team had pointed out multiple issues with the proposal.

The agency’s probe revealed that the loan was not utilised for the stated purpose.

Simultaneously, Kapil Wadhawan is alleged to have paid a kickback of `600 crore to Kapoor and his family members in the garb of a builder loan from DHFL to DOIT Urban Ventures (India) Private Ltd (DUVPL).

Rana Kapoor’s daughter Roshni is one of the directors of DUVPL. After deducting a processing fee, Rs 632 crore was transferred to RKW Developers.



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PCHFL to raise up to ₹1,000 crore through NCDs

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Piramal Capital and Housing Finance Limited on Wednesday announced the issue of secured, rated, listed, redeemable, non-convertible debentures of the face value of ₹1,000 each.

“The Tranche I Issue has a base issue size of ₹200 crore with an option to retain over subscription up to ₹800 crore, aggregating up to ₹1,000 crore,” it said in a statement.

The Tranche 1 Issue opens on July 12, 2021, and closes on July 23, 2021 (with an option of early closure or extension).

Piramal ties up funds from Barclays Bank, Standard Chartered for DHFL buy

PCHFL, is a wholly-owned subsidiary of Piramal Enterprises Ltd. It is a non-deposit taking housing finance company, into wholesale and retail funding and is in the midst of acquiring Dewan Housing Finance Corporation Ltd (DHFL).

Rajesh Laddha, Executive Director and Group Chief Financial Officer, Piramal Enterprises Ltd said the funds raised will be used for retail disbursement. “The retail engine is in motion. We are getting more people and expanding branches,” he told reporters.

Despite the turmoil, DHFL buy is an opportunity for Piramal Group

Target market

Jairam Sridharan, CEO, Piramal Retail Finance said the focus of the business is on the retail segment in Tier 2 and 3 towns. This will get enhanced with the acquisition of DHFL. It is looking to focus on salaried and small business owners in these markets and offer them products such as two-wheeler and used-car financing.

Commenting on the implementation of the DHFL resolution, Laddha said that multiple things are being done. He also noted that there is no regulatory bar for Piramal Group or CoC to go ahead with resolution implementation.

“We are preparing a checklist where all issues will be sorted out. How the NCDs of ₹19,000 crore will be issued and allocated within the CoC to its members. Work is on at the CoC and Administrator’s end. There are small issues with regard to merger, getting DHFL equity and NCDs delisted,” he said.

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DHFL lenders begin voting on proposals for redistribution of funds to small investors

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Lenders to Dewan Housing Finance Corporation Ltd have begun voting on new proposals for redistribution of funds to small investors, including fixed deposit and NCD holders as well as pension funds.

According to the proposal put forward for voting, the entire admitted claim of ₹39 crore of Army Group Insurance Fund, ₹72.93 crore of Air Force Group Insurance Society and Navy Children School of ₹2.54 crore will be paid fully in cash.

Further, it has also been proposed that all fixed deposit holders will be paid additional amounts in cash in order to ensure that the entire amount paid to them is about 40 per cent of the admitted claims, similar to the recovery to secured financial creditors.

Unsecured NCD holders have been categories based on their investments in four categories: up to ₹2 lakh, between ₹2,00,001 and ₹5 lakh, between ₹5,00,001 and ₹10 lakh, and those above ₹10 lakh.

Despite the turmoil, DHFL buy is an opportunity for Piramal Group

Unsecured NCD holders with investments up to ₹10 lakh will be repaid 40 per cent of the admitted claims like in the case of fixed deposit holders.

Investors not happy

The total outgo for lenders of DHFL on these proposals would be ₹1,853.21 crore.

However both NCD holders and fixed deposit investors of DHFL continue to be unhappy with the proposals. NCD holders up to ₹10 lakh believe that their repayment under the new proposal will be lower than before.

BSE, NSE to suspend trading in DHFL shares

The NCLT, while approving the resolution plan for DHFL on June 7, had asked the Committee of Creditors to reconsider the distribution of funds to fixed deposit holders and provident funds within two weeks, noting that they had deposited their hard-earned savings and are now facing difficulties amongst the Covid-19 pandemic and job losses.

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NCLAT stays NCLT order on DHFL

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In a relief to the ongoing resolution process of Dewan Housing Finance Corporation Ltd, the National Company Law Appellate Tribunal (NCLAT) has stayed an order by the National Company Law Tribunal (NCLT), which had directed the lenders to consider the offer made by Kapil Wadhawan.

The NCLAT heard the plea by the Committee of Creditors of DHFL challenging the May 19 order of NCLT on Tuesday.

Also read: DHFL lenders appeal against NCLT order on Wadhawan offer

Both the Committee of Creditors of DHFL as well as the Administrator had filed separate applications challenging the NCLT order to consider the offer made by its former promoter Kapil Wadhawan within the next 10 days.

Meanwhile, the Piramal Group on Tuesday also filed a separate appeal in the NCLAT challenging the NCLT order on DHFL.

The lenders termed Wadhawan’s proposal as flimsy, replete with misrepresentations, falsehoods, without financial backing or commitments, and tendered in disregard of the scheme of the insolvency code.

The administrator questioned the NCLT order’s timing given that the Bench is to retire in June and any delay could lead to a situation where the case would have to be re-argued before a new Bench. The application sought a direction from the NCLAT to the NCLT to pass an order on the offer by the Piramal Group within one week.

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Piramal Capital and Housing Finance raises ₹4,050 crore through NCDs

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Piramal Capital and Housing Finance Ltd (PCHFL), a wholly owned subsidiary of Piramal Enterprises Limited (PEL), has raised ₹4,050 crore through issuance of long-term, five-year non-convertible debentures (NCDs) in two tranches.

The first tranche of the NCD issue, amounting to ₹2,000 crore, opened on March 10 with a pay-in on March 12, 2021. The second tranche of the remaining ₹2,050 crore opened on March 18 with a pay-in on March 19, 2021.

“CARE Ratings has assigned an ‘AA’ rating for both the issuances,” the company said in a statement on Monday.

DHFL deal

The fund raise comes just weeks after the Reserve Bank of India gave PCHFL the approval to acquire troubled Dewan Housing Finance Corporation Ltd (DHFL). The total consideration for DHFL was ₹34,250 crore, comprising an upfront cash component of ₹14,700 crore and a deferred component of ₹19,550 crore.

“The five-year NCD issuances of ₹4,050 crore re-affirm the significant improvement of our liabilities side and strength of our balance sheet. We are now well-positioned to tap growth opportunities across both our financial services and pharma businesses,” said Rajesh Laddha, Executive Director, PEL.

The statement noted that PEL has transformed its liabilities profile towards more long-term borrowings and has raised over ₹50,000 crore since April 2019.

“It has raised over ₹32,000 crore of long-term borrowings since April 2019, while significantly reducing the Commercial Paper exposure from ₹18,017 crore in September 2018 to ₹1,050 crore as of December 2020,” it added.

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