‘RBI should’ve acted on YES Bank 5 months earlier’, BFSI News, ET BFSI

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MUMBAI: Former State Bank of India chairman Rajnish Kumar has said in his book that the Reserve Bank of India should have sacked the Yes Bank board five months earlier in November 2019 as the bank was already losing deposits and defaulting on reserve requirements.

In his book, ‘The Custodian of Trust’, the former SBI chairman has provided some behind-the-scenes glimpses of what went into resolving something that appeared as a Lehman Brothers moment for India. It was during his tenure that the financial sector was hit by the triple failure of IL&FS, DHFL and Yes Bank.

Giving a hint of the workings of Yes Bank, Kumar reveals how the private lender stepped in to help GVK attain financial closure for its Navi Mumbai project. The Rana Kapoor-promoted bank had charged a high upfront fee even when SBI — which was several times bigger and facing pressure from various authorities — was reluctant given the group’s stressed situation. He has also questioned the delay in deciding on the reappointment of Kapoor, which left the RBI with no choice but to offer a three-month extension up to January for Kapoor.

Pointing out that Yes Bank’s plan to raise capital was not well thought out and the board had not applied its mind to a revival plan, Kumar said, “The action that the RBI took as late as March 2020 could probably have been taken as early as November 2019. But everyone is wiser in retrospect.”

Kumar has also dwelt extensively on the Jet Airways collapse. According to him, the SBI board was wary of backing Kumar on a resolution plan for the airline without a letter of comfort from the finance or aviation ministries. The airline’s fate was finally sealed after Etihad rejected the resolution plan.

According to Kumar, the negotiations with Etihad had turned ugly with both Jet promoter Naresh Goyal and SBI coming around to the view that Etihad was only interested in the Jet Privilege programme where it held stake and wanted to open this to other airlines. When this was mentioned to Etihad CEO Tony Douglas in a meeting by SBI MD Arijit Basu, the Etihad chief moved menacingly towards Basu and was stopped by Kumar’s intervention.

Kumar, whose tenure coincided with the great bad loan clean-up in Indian banks, also exposes some bitterness in banks taking the fall for a collective failure among stakeholders. “Attributing non-performing loans entirely to crony capitalism or zombie lending only highlights the lack of an in-depth analysis of the situation, in turn causing resentment among bankers,” he said.

The book, which is published by Penguin, is dedicated to the late Arun Jaitley who Kumar says guided him in crucial decisions. It was Jaitley who supported SBI’s decision to bite the bullet and provide for bad loans with a wry statement in Hindi: “Aur kya kar sakte hain, Rajnishji? (What else can be done?)”

Another interesting fact is that the reclusive former governor Urjit Patel, who was earlier on the SBI board, met Kumar only once during his tenure and closed the doors for all communication with banks.



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NCLAT issues notice over PNB’s plea against Jet Airways resolution plan, BFSI News, ET BFSI

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NEW DELHI: Public sector lender Punjab National Bank (PNB) has moved the Insolvency appellate tribunal NCLAT against the approval of bids for defunct airline Jet Airways.

The National Company Law Appellate Tribunal (NCLAT) bench has issued a notice over the PNB’s petition along with its interim plea seeking a stay over the execution of the resolution plan.

A three-member bench has directed the Resolution Professional of Jet Airways along with other parties including the Committee of Creditors to file a reply within two weeks and rejoinder, if by PNB, within one week.

“Let the matter be fixed ‘for admission (after notice)’ on September 21, 2021,” said the NCLAT.

PNB has challenged the approval of the Resolution Plan by Kalrock-Jalan Consortium on June 22, 2021, by the Mumbai bench of the National Company Law Tribunal (NCLT).

The bank is aggrieved by the reduction in its claim amount by around Rs 202 crore by the Resolution Professional, which according to it is in complete violation of the processes as enumerated under the Insolvency & Bankruptcy Code (IBC).

Earlier, Jet Airways Cabin Crew Association along with trade union Bhartiya Kamgar Sena had moved the NCLAT against the approval of bids for the defunct airline.

In their petition, the association and the trade union had submitted that dues of all workmen of Jet Airways were not included as CIRP cost and pending dues were rejected.

Financial distress forced Jet Airways, which flew for more than two decades, to suspend operations on April 17, 2019 and a consortium of lenders, led by the State Bank of India (SBI), filed an insolvency petition in June 2019, to recover outstanding dues worth over Rs 8,000 crore.

In October 2020, the airline’s Committee of Creditors (CoC) approved the resolution plan submitted by the consortium of the UK’s Kalrock Capital and the UAE-based entrepreneur Murari Lal Jalan.

Jet Airways has been undergoing a resolution process under the Insolvency and Bankruptcy Code (IBC) for two years, and its affairs are being managed by a resolution professional.

Shares of the airline have lost more than half of their value since it suspended operations in April 2019.

The carrier started off as an air taxi operator on May 5, 1993, with a fleet of four leased Boeing 737-300 aircraft. It became a scheduled carrier in 1995, and operated its first international flight from Chennai to Colombo in March 2004.



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Jet Airways lenders face 95% haircut, but get 9.5% stake, BFSI News, ET BFSI

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Financial creditors to Jet Airways will take around 95 per cent haircut with the bidder Jalan-Kalrock consortium pay Rs 385 crore against the total claim of Rs 7,807.74 crore.

The new owner will pay Rs 185 crore within 180 days after the start of operations of the company and the rest Rs 195 crore through issuance of zero-coupon bonds of Rs 1,000 face value after two years, according to a report.

The consortium would also give 9.5 per cent stake to the lenders in Jet Airways and 7.5 per cent in the loyalty program Jet Privilege Private Limited.

The claims

The total creditor claims of Jet Airways in NCLT are Rs 40,259.12 crore.

The total admitted claims are Rs 22,167.23 crore including Rs 7,807 crore from financial creditors. The domestic lenders owe Rs 5,776.71 crore to the airline. State Bank of India has claims of Rs 1,636.22 crore, YES Bank with Rs 1,084.44 crore, Punjab National Bank Rs 754.11 crore, IDBI Bank Rs 594.42 crore, Canara Bank Rs 543.61 crore, ICICI Bank Rs 519.08 crore, Bank of India Rs 263.57 crore, Indian Overseas Bank Rs 158.24 crore, Syndicate Bank Rs 169.73 crore, PNB Hong Kong Rs 42.98 crore, ICICI Bank ECB Loan Rs 9.86 crore.

Foreign lenders including UAE based Mashreq bank, France’s Natixis SA owe Rs 563 crore.

Operational creditors will get a maximum of Rs 15,000 each irrespective of the claim amount.

The company’s plans

The new promoters will infuse Rs 1,375 crore over the next two years into the company, of which around Rs 975 crore will be used for capital expenditure and working capital expenses.

However, National Company Law Tribunal has denied the earlier Jet Airways slots at airports saying the airline cannot claim historicity to obtain airport slots belonging to the airline as it didn’t have any operating slots on the day of the commencement of the insolvency process.

The insolvency

Jet Airways was admitted for insolvency on June 20, 2019, after all the attempts by the lenders to sell the defunct airline failed. The National Company Law Tribunal last month allowed the resolution professional for Jet Airways, to extend the corporate insolvency resolution process of the grounded airline by 90 days.

After Jet Airways went bust, the government temporarily allotted the hundreds of airport slots owned by it to other carriers to contain soaring airfares in the peak holiday season.



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