C. Ramanathan v. Trinity Bank Limited Trinity Bank Limited In Re
1956-08-22
N.S.RAMASWAMI
body1956
DigiLaw.ai
Judgment :- RAMASWAMI J. In the matter of Trinity Bank Ltd., Tiruchirapalli which is working under a scheme agreed to by the shareholder creditors and approved by this court on 28th April 1953 an application was made in Application Nos. 646 and 1709 of 1956 praying for a modification of the scheme. This court after ascertaining the opinion of the Reserve Bank of India modified the scheme as prayed for by order dated 22nd August 1956. This bank now working under the scheme prays for another modification viz to substitute for clause (f) (I) of the scheme as it stands today the following clause"another I/16 shall be treated as deposit payable on March 31, 1960." I called for a report from the Reserve Bank of India regarding the expediency and substance of the modification Thereupon the Reserve Bank had rightly inquired whether what is contemplated in the order is as on the previous occasion a certificate from the Reserve Bank of India under section 45(I) of the Banking Companies Act 1949 or a report as envisaged in section 45(2) thereof and that the report referred to in section 45(2) relates to an inquiry in relation to the affairs referred of a banking company and the conduct of its directors and for which formal directions were required in that behalf The Reserve Bank therefore has enclosed a certificate That certificate is to the effect that in pursuance of the provisions of section 45(I) of the Banking Companies Act 1949 the Reserve Bank is of opinion that the scheme of arrangement between the Trinity Bank Ltd. Tiruchirapalli and its creditors (member) is not incapable of being working out and is not detrimental to the interests of the depositors of the Trinity Bank Ltd., Tiruchirapalli In view of the allegations made in the application for modification of the scheme a certificate alone would not give me all the help I require to decide the matter. The allegations for making our a case for modification traverse over a considerable field about the financial depression and the difficulties in realising moneys from the argiculturists and the peculiar difficulties encountered by this bank in making collections and in regard to which it is the Reserve Bank which can give as a correct picture. This company court has no machinery for discharging the inquisitorial and salvationist role imposed by the Banking Companies Act.
This company court has no machinery for discharging the inquisitorial and salvationist role imposed by the Banking Companies Act. It has to lean very heavily on the Reserve Bank's help for arriving at just decisions. The impartial and well-informed role of the Reserve Bank of India makes it verily the guide philosopher and friend of those administering the Banking Companies Act. Therefore the Reserve Bank of India will be requested to make a report as envisaged in section 45(2) of the Banking Companies Act regarding the affairs of the Trinity Bank Ltd., Tiruchirapalli with particular reference to the modification of the scheme now proposed. Two months" time is given and if any further extension is required it will be given on its being applied for. It is to be hoped however that an early report will be sent as this application for modification has been pending for some time and requires early disposal.