RBI bans audit firm Haribhakti & Co for two years

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Haribhakti & Co was the auditor of Srei Infrastructure Finance, whose board was superseded by the RBI and against which insolvency proceedings were initiated last week.

The Reserve Bank of India (RBI) on Tuesday banned chartered accountant firm Haribhakti & Co from undertaking any type of audit assignments for regulated entities for a period of two years, starting April 1, 2022.

The action was taken for the firm’s failure to comply with a specific direction issued by the RBI with respect to its statutory audit of a systemically important non-banking financial company (NBFC), the central bank said in a statement.

This is the first time the RBI has taken such action against an auditor of a systemically important NBFC.

“The RBI has by an order dated September 23, 2021, debarred Haribhakti & Co from undertaking any type of audit assignment/s in any of the entities regulated by RBI for a period of two years with effect from April 1, 2022,” the statement said.

The action has been taken under Section 45 MAA of the RBI Act, which allows the banking regulator to act against auditors. The ban will not impact audit the firm’s assignments in RBI-regulated entities for the financial year 2021-22, the statement said.

In 2019, the RBI had imposed a one-year ban on SR Batliboi & Co, an affiliate of global auditing firm EY, after it found lapses in the audit report of a bank.

Haribhakti & Co was the auditor of Srei Infrastructure Finance, whose board was superseded by the RBI and against which insolvency proceedings were initiated last week.

The Kolkata Bench of the National Company Law Tribunal on October 8 gave its approval to start insolvency proceedings against Srei Infrastructure Finance and its wholly owned subsidiary Srei Equipment Finance after the RBI filed insolvency applications.

According to rating reports of March 6, 2021, by CARE Ratings, Srei Infrastructure Finance owed banks loans worth Rs 11,117.71 crore, apart from outstanding bonds and NCDs worth Rs 710.63 crore.

Srei Equipment Finance had outstanding bank loans worth Rs 16,912.21 crore and other debt instruments worth Rs 499.45 crore. All these facilities and instruments were rated ‘D’, or default grade, in March.

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Bombay HC dismisses petition by Srei promoters

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The Bombay High Court on Thursday dismissed the petition by promoters of Srei Group challenging the move by the Reserve Bank of India to supersede the boards of Srei Infrastructure Finance (SIFL) and Srei Equipment Finance (SEFL)

The petition was filed by promoters of Srei Infrastructure Finance and Srei Equipment Finance to stay the insolvency proceedings initiated by the RBI. It was taken up for hearing by the Bombay High Court on Thursday and it said it is not inclined to entertain the matter after hearing both the sides.

Also read: Srei Infra and Equipment Finance have debt obligations of over ₹29,000 crore

The RBI had on October 4 superseded the boards of SIFL and SEFL, paving the way for their resolution.

It has also appointed Rajneesh Sharma, Ex- Chief General Manager, Bank of Baroda as the Administrator of the companies under Section 45-IE (2) of the RBI Act. The RBI can now move the National Company Law Tribunal to initiate proceedings against the two companies.

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Srei promoters move Bombay HC

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Promoters of Srei Infrastructure Finance and Srei Equipment Finance have moved the Bombay High Court challenging the Reserve Bank of India’s decision to supersede the boards of the Kolkata-based NBFCs.

RBI supersedes boards of two debt-laden Srei companies

According to sources, the promoters have sought a stay on the proceedings. The case is expected to come up on Thursday.

Srei Infra and Equipment Finance have debt obligations of over ₹29,000 crore

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Srei Infra and Equipment Finance have debt obligations of over ₹29,000 crore

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The Reserve Bank of India is expected to soon initiate the process of resolution of Srei Infrastructure Finance and Srei Equipment Finance, and experts expect it to get a high level of interest from potential investors.

“The RBI’s move is a clear statement that RBI doesn’t believe the promoter and management team of Srei is capable of resolving the stress. Also, with the success of DHFL’s insolvency resolution, RBI and lender group must be confident of value preservation and a credible resolution even for Srei,” said Bikash Jhawar, Partner, Saraf & Partners.

Also see: RBI supersedes boards of two debt-laden Srei companies

He added that he expects a reasonably high level of interest in the Srei business with economic outlook, especially in infrastructure and manufacturing, looking good.

“Srei has deep linkages with brick-and-mortar companies and promoter groups in India and those relationships may be quite a draw,” he further said.

Debt obligation

Resolution bound Srei Infrastructure Finance and Srei Equipment Finance have debt obligations of over ₹29,000 crore with bank facilities of over ₹28,000 crore.

“There will be a lot of interest in the Srei companies. DHFL has paved the way for successful resolution of financial services companies,” said another expert who did not wish to be named.

Revised credit ratings

According to CARE Ratings’ recent note in March this year, Srei Equipment Finance has long-term and short-term bank facilities of ₹16,912.21 crore, non-convertible debentures (NCDs) of a little over ₹352 crore, unsecured subordinated Tier II NCDs of ₹109.8 crore and perpetual debt of ₹37.5 crore.

By March, Srei Infrastructure Finance had short-term and long-term bank facilities of ₹11,117.71 crore, long-term infrastructure bonds of ₹20.22 crore, NCDs of ₹95.9 crore and unsecured subordinated Tier II NCDs of ₹594.51 crore.

According to an Acuite Ratings report in March, Srei Equipment Finance had NCDs of ₹3,492.45 crore.

Both CARE Ratings and Acuite had revised their ratings for the Srei companies.

Bank exposure

According to sources, UCO Bank, Punjab National Bank and State Bank of India have among the highest exposure to the two firms.

Also see: Srei Infrastructure Finance Ltd stuck in 5% lower circuit as RBI supersedes co’s Board

However, most banks have been providing for their exposure to the two companies.

Superseding of boards

The RBI had, on October 4, superseded the boards of Srei Infrastructure Finance and Srei Equipment Finance (SEFL), paving the way for their resolution. It also appointed Rajneesh Sharma, Ex- Chief General Manager, Bank of Baroda, as the Administrator of the companies under Section 45-IE (2) of the RBI Act.

On Tuesday, Srei Infrastructure Finance was down 5 per cent to ₹8.17 apiece on the BSE.

Covid impact

Hemant Kanoria, former Chairman of Srei Infrastructure Finance, in the Annual Report, had said that the company was primarily dependent on borrowings from banks and other lenders for deployment of funds towards financing for asset creation. The Covid pandemic has had an adverse effect on its customers, which has affected cash flows, resulting in muted collections, he had said.

The company had also been reducing its infrastructure portfolio and realigning the equipment financing business to the extant regulations, but it was “derailed” to some extent by the pandemic.

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RBI supersedes boards of Srei Infrastructure Finance, Srei Equipment Finance

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The Reserve Bank of India has superseded the Board of Directors of Srei Infrastructure Finance Ltd (SIFL) and Srei Equipment Finance Ltd (SEFL), owing to governance concerns and defaults by the companies in meeting their payment obligations.

Rajneesh Sharma, Ex- Chief General Manager, Bank of Baroda, has been appointed the administrator of the companies under Section 45-IE (2) of the RBI Act.

“The Reserve Bank also intends to shortly initiate the process of resolution of the two NBFCs under the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 and would also apply to the NCLT for appointment of an administrator as the Insolvency Resolution Professional,” RBI said in a statement

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