RBI's Intention Is To Maintain Status Quo On Account Classification As On March 1 During Moratorium Period : Delhi HC [Read Order]
Live LawThe Delhi High Court has provided interim relief to an account from being declared a Non Performing Asset by the Punjab & Sind Bank, in light of the moratorium allowed by the RBI by its circular issued on March 27. While passing the interim order, the bench expressed agreement with the view expressed by another bench in the case Ananth Raj Ltd vs Yes Bank Ltd. "I also find myself in agreement with the observation of the Coordinate Bench in Anant Raj Limited that the intention of the RBI while issuing the regulatory package was to maintain status quo with regard to the classification of accounts of the borrowers as they existed on 01.03.2020", observed Justice Rekha Palli in the interim order. The Petitioner further submitted that in view of this March 27 circular issued by the RBI, whereunder a 90 days moratorium with regards to the instalments, which became payable after 01.03.2020 has been granted, the Respondent cannot declare the Petitioner's accounts as NPA only on account of its failure to pay the instalments, which were payable on or before 31.03.2020. While giving interim relief to the Petitioner, the court observed that: '.irrespective of the question, as to whether, the moratorium as envisaged by the RBI's circular dated 27.03.2020 would be applicable to the petitioner qua the instalments, which question can be determined only after completion of pleadings and considering the stand of the RBI, the fact remains that in view of the lockdown in the country as also the undisputed position that the petitioner still had time to make the payment of the due instalments till 31.03.2020, before which date on account of the lockdown and directive issued by the State Government, it has been prevented from demanding the due fees from the students of its various institutes.' While ordering that the Respondent Bank would not be declaring the Petitioner's account till the next date of hearing, the court clarified that if, meanwhile, the order prohibiting collection of fees is lifted by the State Government, the Petitioner roll have to make the payment forthwith within a period of one week.