Bombay High Court: A Division Bench of R.D. Dhanuka and V.G. Bisht, JJ., held that the RBI Circulars dated 27th march, 2020 and 23rd may, 2020 with regard to moratorium on repayment of term loans will not apply to Mutual Funds and Debentures.
Petitioner had made a private placement of 650 unlisted redeemable non-convertible debentures of Rs 10,00,000 in the month of March, 2015 with 10.40% XIRR payable at the time of maturity and having redemption date of 8th July, 2020.
Petitioner had made various payments to respondent 1A under the stated agreement. Since March, 2020 in view of the pandemic petitioner committed default in making payment of certain installments to respondent 1A.
Respondent 1A raised demand for making payment of the amount defaulted under the agreement.
On not being able to make the above payment, petitioner filed the present petition impugning the letter by respondent 1 dated 4th June, 2020 along with extension of redemption dated to a date 3 months after the Government allows schools to reopen, subject to the balance/outstanding debenture amount continuing to bear/accrue interest at 10.40% per annum till such extended date.
Decision
Bench observed that the entire petition is based on the reliance placed on the moratoriums dated 27th March, 2020 and 23rd May, 2020 issued by Reserve bank of India.
What does the said circular indicates?
“..it applies to all Commercial Banks, all Primary (Urban) Co-operative Banks, States Co-operative Banks, District Central Co- operative Banks, All India Financial Institutions, All Non-Banking Financial Companies and also deals with terms loans and working capital facilities provided by those entities.”
Thus, in view of the above, it is very clear that the said Circulars will not apply to mutual funds and debentures.
Zee Entertainment Enterprises Limited is a profit making company and is liable to face the consequence of default committed by the petitioner. It is for the petitioner to make an arrangement for the balance amount on the due date which the petitioner has failed.
Hence, present petition is devoid of merits and accordingly disposed of. [Zee Learn Ltd. v. UTI Asset Management Co. Ltd., 2020 SCC OnLine Bom 806 , decided on 13-07-2020]
