www.newslaundry.com/2016/03/17/liquor-baron-vijay-mallya-isnt-the-only-defaulter-there-are-5275-others-as-well/
Bangalore: Liquor baron Vijay Mallya (60) and his Rs 7,000-crore default occupy headlines, but there are 5,275 other “wilful defaulters”—together, they owe India’s banks Rs 56,521 crore ($ 83.9 billion), according to the Credit Information Bureau (India) Ltd, or CIBIL, a company set up by banks to collect defaulter information.
The money that wilful defaulters owe Indian banks has grown nine-fold over 13 years, and is more than 1.5 times the central government’s allocation for agriculture and farmer welfare (Rs 35,984 crore) in Union Budget 2016-17, according to an IndiaSpend analysis of CIBIL data.
Banks declare borrowers to be “wilful defaulters” when they deliberately do not repay loans, despite the ability to do so. Many defaults may not be wilful, caused as they may be by adverse economic conditions. Mallya’s now-defunct Kingfisher Airlines is fourth on CIBIL’s list—available with IndiaSpend—of wilful defaulters.
India’s five leading wilful defaulters are Mumbai-based Winsome Diamonds
& Jewellery Ltd. and associate Forever Precious Jewellery &
Diamonds Ltd., which together owe banks Rs 3,263 crore. They are
followed by Indore-based real-estate developer Zoom Developers (Rs 1,647
crore), Kingfisher Airlines Ltd. (Rs 1,200 crore), Mumbai-based Beta
Naphthol (Rs 951 crore) and Kanpur-based Raza Textiles (Rs 694 crore).
Except Winsome Diamonds & Jewellery Ltd, the other companies are
in various stages of liquidation, according to the Ministry of Corporate
Affairs website.
E-mails sent last week to Winsome Diamonds and Kingfisher Airlines went
unanswered, as did emails to two prominent banks that loaned them
money—State Bank of India (SBI) and Punjab National Bank (PNB). SBI
accounts for 32% of dues owed by wilful defaulters. Amount owed by wilful defaulters grows nine-fold over 13 years
In 2002, the total amount owed by wilful defaulters was Rs 6,291 crore ($9.3 billion). It grew—as we said—nine-fold over the next 13 years to Rs 56,521 crore ($83.9 billion).
“A powerful nexus between chairmen of public sector banks, auditors,
Reserve Bank of India and the banks’ boards is behind the country’s
total Non-Performing Assets (NPA) and wilful defaulters,” said S
Nagarajan, General Secretary, All India Bank Officers’ Associations.
Maharashtra has more wilful defaulters than any other state: 1,138,
who owe Rs 21,647 crore. Next is West Bengal with 710 and Andhra Pradesh
with 567 cases. But in terms of defaults, Delhi is second with more
than Rs 7,299 crore.
As of 31 December, 2015; Suit-filed accounts refer to those where a civil loan-recovery suit is filed against the defaulter.
Speaking on condition of anonymity, a senior executive manager of a
Singapore-based bank said: “Often, banks do not even report unpaid loans
to CIBIL due to a nexus between politician and defaulter. Kingfisher is
on the list, because Mallya’s cover has been blown. This is the reason
corporate get easy loans from government banks and not private and
foreign banks.”
Private-sector banks also have an unpaid-loan problem, but their bad
loans are less than half the level of public-sector banks, which account
for 73% of all lending, as IndiaSpendreported last month.
“Government banks face immense pressure from parliamentarians to
provide loans to corporate, the politician-bureaucrat-corporate nexus is
very strong,” said Sanat Dutta, a lawyer for nationalised banks in debt
recovery tribunals for more than 10 years. Diamonds in Dubai, land in US, cricket team—what defaulters did with their loans
India’s wilful defaulters have a history of using loans from public
banks for a variety of purposes–some unrelated to their businesses,
others used for expansion without business diligence.
Among the wilful defaulters is English daily Deccan Chronicle, which survives despite a string of unpaid loans—used for other businesses, including a cricket team—and Mumbai-based JB Diamonds, the target of income-tax raids after a 2010 Rs 800-crore default.
Once India’s largest diamond exporter, 49-year-old JB Diamonds was accused
by a Hong Kong banking administrator—the company owes Rs 500 crore to
Hong Kong banks—of “well-planned fraudulent transactions”.
Jatin Mehta—promoter of India’s largest wilful defaulters, Winsome Diamonds and associate Forever Precious—was accused in forensic audits (quoted here in the Indian Express)
of “wrongly attempting to distance himself” from business partners who
did not pay dues, in particular a Jordanian in Dubai, but had been
chosen by Mehta himself.
Vijay Choudhury, the promoter of Zoom Developers, which owes money to
a consortium of 26 public-sector banks led by PNB, bought land valued
at Rs 1,000 crore in the US using loan money, according to the
Enforcement Directorate, which ordered the land attached. “The accused
have knowingly formed various trust and beneficiary companies and
projected them as independent entities concealing the relationship
between the trust and the foreign companies…”, said the attachment
order, quoted in India Today.
With Mallya’s Kingfisher Airlines, SBI alleged that
money loaned was diverted several times to various companies of
Mallya’s United Breweries (UB) group. Mallya and his company (UB Group)
are contesting SBI’s charges, and the case is currently with the Bombay
High Court.
Various cases are underway against wilful defaulters in debt recovery
tribunals nationwide. There are many more who have escaped legal
action. More wilful defaulters than CIBIL’s data show
CIBIL is one of four Credit Information Companies (CICs) that collect
and maintain data of wilful defaulters who owe Rs. 25 lakh and more.
The three other CICs are Experian Credit Information Company of India
Private Limited, Equifax Credit Information Services Private Limited and
High Mark Credit Information Services Private Limited.
This CIBIL list contains data on wilful defaulters—who owe Rs 25 lakh
and more and against whom suits were filed—provided by 50 of about 90
Indian banks, as on December 31, 2015. The list of defaulters held by
three other CICs is here: Equifax, Experian and CRIF.
The full list of wilful defaulters is with the Reserve Bank of India
(RBI), which does not disclose names. Last month, the Supreme Court asked the RBI for a list of defaulters who own more than Rs 500 crore to banks.
The RBI list contains the names of those against whom loan-recovery
suits have been filed, as well as those free of legal action. As many as
7,265 borrowers (who borrowed more than Rs 25 lakh) owed Rs 64,434
crore to public-sector banks as on September 30, 2015, according to this
statement
in the Lok Sabha, the lower house of parliament. Of these,
first-information reports—the first legal step–have been filed in only
1,624 cases.
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