
RBI Must Monitor Implementation Of Loan Moratorium Circular; Borrower Entitled To Seek Moratorium As A Matter Of Right For Continuity Of Business : Karnataka HC
Live LawThe High Court of Karnataka has held that a borrower is entitled to seek loan moratorium on the basis of the Reserve Bank of India's March 27 circular, on the ground that the non-grant of it would affect the continuity of buisness.While acknowledging that the grant of moratorium as per the RBI circular is the discretion of the bank, the Court stated that it is "mandatory" for the banks to. ".though the Circular issued by the RBI dated 27.03.2020 is discretionary in so far as the power to grant or not a moratorium by a bank, it is mandatory for the Bank to ensure the continuity of viable businesses, in that, the non-grant of a moratorium should not result in adversely affecting the survival and continuity of a viable business", observed a bench of Justice Suraj Govindaraj. In view of the shut down of the hotel business, the revenues of the Petitioner was adversely effected and as such, the Petitioner applied to Respondents seeking for grant of moratorium "However, Respondent No.5-HDFC Bank vide its letter dated April 6th 2020 had informed the Petitioner that there were rentals which were being received by the Petitioner from the Tech Park, hence the moratorium could not be extended to the Petitioner and therefore rejected the said application", records the Bench. "Thus, though the Circular issued by the RBI dated 27.03.2020 is discretionary in so far as the power to grant or not a moratorium by a bank, it is mandatory for the Bank to ensure the continuity of viable businesses, in that, the non-grant of a moratorium should not result in adversely affecting the survival and continuity of a viable business", ruled the bench.
History of this topic

Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court
Live Law
Supreme Court Issues Notice On RBI Appeal Against Kerala HC Order That Lifted Loan Restrictions Imposed On Co-Operative Bank
Live Law
Imposition Of Moratorium Under IBC Does Not Bar Complaints Against Natural Persons: Madras High Court
Live Law
Borrower Can't Claim Loan Moratorium As A Right Based On RBI's Circular Of March 2020 : Karnataka High Court
Live Law
Kerala CM seeks moratorium on loan repayment
The Hindu
Bring policy to refund 'interest on interest' charged during moratorium period: RBI asks NBFCs
India TV News
Supreme Court waives compound, penal interests on loans during moratorium
Hindustan Times
Loan moratorium case | Refund penal interest on EMIs, Supreme Court tells lenders
The Hindu
Supreme Court Bars Charging Compound Interest Or Penal Interest On Any Borrower During Loan Moratorium; Refuses Moratorium Extension
Live Law
Supreme Court Bars Compound Interest, Penal Interest During Loan Moratorium
Live Law
Loan Moratorium- Resolution Framework For COVID-Related Stress More Restrictive Than Prudential Norms For Normal Times: SC Told
Live Law
Loan Moratorium Case- No Requirement Of Specific Resolution Plan For Borrowers For Invocation Of Resolution Framework: RBI Tells Supreme Court
Live Law
"Situation Demands That Loan Moratorium Be Extended Till 31 March 2021": Plea In Supreme Court Seeks Extension
Live Law
The Hindu Explains | What is a bank moratorium, and when does it come into play?
The Hindu
Loan moratorium case: Lenders to credit ‘interest on interest’ to borrowers by 5 Nov, Centre tells SC
Firstpost
Here is What You Will Get if You Paid Your EMIs on Time During Loan Moratorium Period
News 18
Loan moratorium | Centre informs Supreme Court it will repay additional interest by November 5
The Hindu
Govt Waives Interest on Interest for Loans Up to Rs 2 Cr Even for Those Who Didn't Opt for Moratorium
News 18![[IBC] Is Moratorium Applicable to Suits Filed By Corporate Debtor?: SC Issues Notice [Read Order]](/static/images/error.jpg)
[IBC] Is Moratorium Applicable to Suits Filed By Corporate Debtor?: SC Issues Notice [Read Order]
Live Law
Loan borrowers’ Deepavali in your hands, Supreme Court tells government
The Hindu
Moratorium extension not in borrowers\' interest: RBI tells SC
Deccan Chronicle
Lockdown moratorium | Loans up to ₹2 crore may get relief
The Hindu
SBI loan restructuring: How interest will be calculated during moratorium extension period
India Today
Loan moratorium case: Centre, RBI seek more time; next hearing on October 5
India Today
A balanced approach to waiving interest during moratorium
Live Mint
Interest During Loan Moratorium: Centre Constitutes Expert Committee
Live Law
Govt Sets Up Expert Panel to Look into Issue of Waiver of Interest During Moratorium
News 18
In a Relief to Borrowers, Supreme Court Extends Loan Moratorium Scheme till September 28
News 18![[Loan Moratorium & Interest Waiver] "Highest Level Expert Committee Convening Meetings & Will Take Holistic Decision In Two Weeks": Centre Tells SC, Interim Order To Continue [Read Order]](/static/images/error.jpg)
[Loan Moratorium & Interest Waiver] "Highest Level Expert Committee Convening Meetings & Will Take Holistic Decision In Two Weeks": Centre Tells SC, Interim Order To Continue [Read Order]
Live Law
Relief for borrowers in moratorium case
The Hindu
Loan moratorium: Banks shouldn’t declare accounts as NPAs till further order, says SC
Live Mint
Loan moratorium over: You can still avail extension of two more years
Live Mint
Loan moratorium | Interest on interest “worse than taking a pound of flesh”
The Hindu
Banks Free to Restructure Loans, but Can't Penalise Borrowers Availing Moratorium Benefit, SC Told
News 18
Loan moratorium can be extended by 2 years: Govt
Live Mint
Interest waiver on EMIs during moratorium against basic canon of finance: Centre
Live Mint
"Loan Moratorium Period Capable Of Being Extended By 2 Years": Centre Tells SC
Live Law
Loan moratorium extendable upto 2 years, Centre informs SC
India Today
RBI May Not Extend Moratorium on Repayment of Loans Beyond August 31
News 18
Loan moratorium scheme | Supreme Court hits out at Centre
The Hindu
'Don't Hide Behind RBI, Take Own Stand': Supreme Court Raps Centre on Loan Moratorium Scheme
News 18![Plea In Delhi HC Seeks Financial Assistance For Lawyers; Interest Free Moratorium On Loans/ EMIs [Read Petition]](/static/images/error.jpg)
Plea In Delhi HC Seeks Financial Assistance For Lawyers; Interest Free Moratorium On Loans/ EMIs [Read Petition]
Live Law
Whether The Circular Issued By The RBI Dated 27.03.2020 Whereby It Allowed Banks To Grant Moratorium On Payment Of Loan Instalments To Its Customers Is Mandatory, Directory Or Discretionary
Live Law![Writ Petition Maintainable Against Private Bank For Enforcement Of RBI Circular On Loan Moratorium : Karnataka HC [Read Order]](/static/images/error.jpg)
Writ Petition Maintainable Against Private Bank For Enforcement Of RBI Circular On Loan Moratorium : Karnataka HC [Read Order]
Live Law
State-run lenders have at least ₹7.9 tn loans under moratorium
Live Mint
No benefit from RBI’s loan moratorium scheme, says Supreme Court
The Hindu
SC directs Centre and RBI to review loan moratorium scheme
Live Mint
Loan interest can’t be waived, SBI tells SC
Live Mint
All kind of loans, contractual transactions can't be put under moratorium: SEBI to SC
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