Indiabulls Moves Delhi HC Against SIDBI, Says Loan Installments Can't Be Demanded In Light of Moratorium Imposed by RBI [Read Order]
Live LawIndiabulls Commercial Credit Limited has moved the Delhi High Court challenging the demands for loan installments made by Small Industries Development Bank of India. He further submitted that the loan instalment of Rs.31,94,79,453/- for the month of March was duly paid on 09.03.2020, whereafter due to the onset of the pandemic of COVID19 and the subsequent lockdown in the country, RBI in order to give temporary relief to the borrowers all across the country, on 27.03.2020 issued a circular giving liberty to all banks to allow moratorium of three months on payment of instalments in respect of all term loans outstanding as on 01.03.2020, subject to the borrower making the said request. When the Petitioner made a representation before SIDBI, seeking relief under the aforesaid circular issued by the RBI, SIDBI replied by saying that it has to clarify with the central bank as to whether the said moratorium applies to Non Banking Financial Companies also. Appearing for SIDBI, Mr Sanjiv Sagar submitted that it is still awaiting necessary clarification from RVI, and that it has already received the payment from the Petitioner towards the instalment due in April, 2020. The court further noted that in case SIDBI receives a clarification from RBI that the circular dated 27.03.2020 is not applicable to the Petitioner and therefore makes a demand towards further instalments, the Petitioner would be at liberty to assail the said demand in accordance with law.