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2020 DIGILAW 657 (GAU)

Madarkhat Tea Company Pvt Ltd. Purnanda Road, Dibrugarh, Assam, India v. Punjab National Bank Dwarka, New Delhi

2020-09-03

ACHINTYA MALLA BUJOR BARUA

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JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. A. Das, learned counsel for the petitioner. Also heard Mr. A. Ganguly, learned counsel for the respondent Punjab National Bank (PNB). 2. The cash credit account of the petitioner tea company with the respondent PNB is sought to be classified as Non Performing Asset (NPA) as per the letter dated 11.06.2020 of the Chief Manager of the respondent Bank. 3. Mr. A. Ganguly, learned counsel for the respondent Bank on the other hand makes a submission that infact the account had already been classified as NPA in the month of June 2020 itself. Be that as it may, as per the guidelines provided by the Reserve Bank of India bearing No.DBOD No.BP.BC/20/21.04.048/2001-2002, it is provided that the accounts of the nature which the petitioner tea company is having with the respondent Bank are liable to be reviewed/renewed from time to time and in the event it is not done so, upon expiry of the period of 180 days from the due date, it shall be treated as NPA. One of the requirement of review/renew of such cash credit accounts is that the bank would require the audited balance sheet of the account holder for necessary action for the purpose of review/renew of the cash credit account. 4. It is the stand of the respondent Bank that the petitioner company since the year 2018 had not submitted their audited balance because of which the respondent Bank had been unable to take its decision whether to review/renew the cash credit account of the petitioner. 5. Without going into any further aspect of the matter as raised between the parties in this petition, by the order dated 31.08.2020, we required the petitioner tea company to file affidavit stating as to within what period of time the audited balance sheet of the petitioner company would be submitted to the respondent Bank. Pursuant thereof, an affidavit has been filed and brought on record, wherein in paragraph-4 it has been stated that the company would be able to complete the audited balance sheet for the financial years 2017-18 and 2018-19 and therefore, it gives an undertaking that the audited balance-sheet as required would be provided within four months. 6. Mr. A. Ganguly, learned counsel for the respondent Bank upon instruction submitted that as per the Bank authorities, four months period would be on the higher side. 6. Mr. A. Ganguly, learned counsel for the respondent Bank upon instruction submitted that as per the Bank authorities, four months period would be on the higher side. The petitioner on the other hand to some extent is handicapped as the present Managing Director had newly taken over the company and had inherited a estate where there are huge statutory debts of the petitioner company and the proper books and accounts are not maintained in the manner required, therefore, the Managing Director need some time to rearrange the affairs of the company and have the audited balance sheet. 7. Considering the matter in its entirety, we direct that the petitioner company shall submit their audited balance sheet within a period of 3 (three) months from the date of the order. Accordingly, we provide that till the expiry of three months from the date of the order, no coercive action be taken against the petitioner company and their cash credit account with the respondent bank be not treated as NPA for the intervening period. Prior to the end of three months, if the petitioner company has any genuine difficulty in not being able to submit the audited balance sheet, they may file a representation before the respondent Bank stating reasons for their inability and if the respondent Bank in their discretion are satisfied with any such reason, the respondent Bank would be at liberty to give further time to the petitioner company as regards classifying their account as NPA. But in any view of the matter, prior to the end of three months, the petitioner company must satisfy the respondent Bank that every earnest effort had been made to prepare the audited balance sheet atleast for one of the financial year, and the respondent Bank would be required to give a consideration if any such representation is made. 8. Writ petition stands disposed of in the above terms.