Supreme Court quashes RBI circular on company insolvency
Governance

Supreme Court quashes RBI circular on company insolvency

The circular issued on 12 February 2018 said that lenders have to provide a resolution plan within 180 days for large accounts of Rs 2,000 crore and above.

   
The Reserve Bank of India (RBI) logo is displayed inside the central bank building in Mumbai

The Reserve Bank of India (RBI) logo is displayed inside the central bank building in Mumbai | Karen Dias | Bloomberg File photo

New Delhi: The Supreme Court Tuesday quashed the RBI circular of last year that pertains to the provisions for declaring a company bankrupt even on a one-day overdue.

The bench headed by Justice R F Nariman said: “We have declared the RBI circular ultra vires.”

Reserve Bank of India’s (RBI) had on February 12, 2018 issued a circular saying that lenders have to provide for resolution plan within 180 days in case of large account of Rs 2,000 crore and above.

It said that if a resolution was not found by August 27, Non Performing Asset (NPA) accounts should be sent to bankruptcy courts.

However, during the pendency of the matter, the apex court on September 11 last year asked banks to maintain status quo and not to initiate insolvency proceedings against loan defaulting companies.


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