RBI circular on insolvency quashed


New Delhi, Apr 03: The Supreme Court has quashed the Reserve Bank of India (RBI) circular of last year that pertains to the provisions for declaring a company bankrupt even on a one-day overdue.

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The bench headed by Justice R F Nariman said: "We have declared the RBI circular ultra vires."
RBI's 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.

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

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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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