Covid-19: SC refuses to pass direction on plea to redress borrower hardship

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The Supreme Court on Friday refused to pass direction on a plea seeking measures to redress the financial hardship faced by borrowers during the second wave of Covid-19 pandemic, saying it is in the realm of policy decision.

“The government has many things to do. They have to spend money on vaccine, on migrant labourers,” the apex court said, adding that it is for the Centre and the RBI to consider the issue.

“These are issues having financial implications and we are not the experts,” a bench of Justices Ashok Bhushan and MR Shah told advocate Vishal Tiwari, who has filed the petition.

The top court was hearing the plea which sought directions to the Centre and the Reserve Bank of India (RBI) to take remedial measures to redress the financial stress faced by borrowers during the second wave of the Covid-19 pandemic.

During the hearing, Tiwari referred to the reports on how the second wave of the pandemic has affected the economy.

“The petitioner submits that the circular does not address the hardship of the borrowers. Be that as it may, the financial relief and other measures are in the domain of the government,” the bench said in its order.

“We are of the view that no direction be passed. We observe that all the issues which are raised are policy matters and it is for the Union of India and the Reserve Bank of India to take appropriate decision,” the apex court said.

The bench said it had dealt with similar aspects in a writ petition which was filed last year.

The plea had sought directions to the Centre and the RBI to permit the lending institutions to grant interest free moratorium period for term loan and defer the payment of loan instalments for a period of six months or till the situation from Covid-19 normalises.

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LVB-DBS merger: Plea in Delhi HC on LVB share capital write-off

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A shareholder in Lakshmi Vilas Bank has filed a Writ Petition in the Delhi High Court challenging its amalgamation with DBS Bank India.

A clause in the scheme seeks to write off the entire share capital of the troubled lender

The petition, filed by one Sudhir Kathpalia, naming also the Union of India, Reserve Bank of India and DBS as respondents, contended that the merger would leave investors and the Centre and the RBI have failed to protect investors’ rights.

Accordingly, it has sought quashing of clause 7(i) in the merger scheme, which provides for the write off of LVB’s share capital states.

The petition which was listed for January 13 before a bench of Chief Justice DN Patel and Justice Jyoti Singh has been adjourned to February 19 after the Bench was informed that the RBI has moved a plea in the Supreme Court for transfer of all pleas against the amalgamation scheme to the Bombay High Court.

Kathpalia, a lawyer, holds 20,000 shares of LVB.

The petition contended that the scheme of amalgamation was “irregular, arbitrary, irrational, unreasonable, illegal and thus, void”, and the respondent could have demanded protection for shareholders money by asking DBS Bank India to give the shares equivalent to the value of shares last traded on stock exchange post amalgamation.

“The Petitioner wants to categorically state that it is not against the scheme of amalgamation per se but the manner in which investors’ money is being written off.” The amalgamation of the banks was approved by the RBI on November 25, 2020 and the merger took place on November 27.

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