Supreme Court Upholds Cancellation of Bail For Man Accused of Assault Causing Miscarriage  ||  J&K&L High Court Invalidates Residence-Based Reservation, Citing Violation of Article 16  ||  Kerala HC Denies Parole to Life Convict in TP Chandrasekharan Murder Case For Cousin's Funeral  ||  High Court Grants Bail to J&K Bank Manager in Multi-Crore Loan Fraud Case, Emphasizing Bail As Rule  ||  J&K HC: Civil Remedy Alone Cannot Be Used To Quash Criminal Proceedings in Enso Tower Case  ||  Delhi HC: Non-Proof of Hearing Notice Dispatch Doesn’t by Itself Show no Personal Hearing Was Given  ||  Delhi High Court: No Construction or Residence Allowed on Yamuna Floodplains, Even For Graveyards  ||  J&K High Court: Right to Speedy Trial Includes Appeals; Closes 46-Year-Old Criminal Case Due to Delay  ||  J&K High Court: Courts Must Not Halt Corruption Probes, Refuses to Quash FIR  ||  J&K&L HC: Matrimonial Remedies May Overlap, But Cruelty Claims Cannot be Selectively Invoked    

Oswal Spinning & Weaving Mills Ltd. v. Reserve Bank of India and Ors. - (High Court of Punjab and Haryana) (11 Apr 2016)

Opportunity to decide NPA classification on account-basis slips by

MANU/PH/0468/2016

Banking

A borrower having repaid all of the principal sum but with more than 20 per cent of interest remaining cannot escape the provisions of the SARFAESI Act. In the instant case the Petitioner had availed multiple loan facilities from the Kotak Mahindra Bank. While it complied with the terms and conditions of the first, it reneged on the latter. Kotak Mahindra classified the Petitioner’s account as non-performing asset - a classification that was linked to both accounts, even though the principal was paid in full for the first account. It submitted that the same was applicable on a borrower-basis not a facility-basis.

The Petitioner’s claim had lain in the fact that since the entire principal amount had been paid on the first facility, it would be removed from the remit of the SARFAESI and would thus not be classifiable as a non-performing asset. The court interpreted Section 31(j) of the Act somewhat differently: simply paying off the principal would be insufficient, as the Act required less than 20 per cent of the interest payable remain. It concluded that Kotak Mahindra’s classification of both accounts was, therefore, accurate.

The anomaly in classification of one account as non-performing while the other as ‘standard’, both belonging to the same borrower, was considered by the Reserve Bank of India in its Master Circular on the issue. It considered the possibility of such a situation arising to be remote, instead sticking with an encompassing approach whereby “all the facilities granted by a bank to the borrower…will have to be treated as [non-performing asset]”.

Relevant : Sravan Dall Mill P. Limited vs. Central Bank of India and Anr. MANU/AP/0331/2009 Section 31 SARFAESI Act, 2002

Tags : NON-PERFORMING ASSET   CLASSIFICATION   MULTIPLE ACCOUNTS   BORROWER  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved