SAFEMA - Appellant have furnished evidence which show satisfactorily that they took all reasonable steps to realise export proceeds : Tribunal (See 'Legal Desk') Companies Act - Winding up petition can be dismissed when contentions raised by parties constitute triable issues as Company Court cannot enter into adjudication of disputed facts of amount due and payable : HC (See 'Legal Desk') Competition Act - In absence of any apparent anti-competitive conduct, decision of purchase or sale of product and quantity thereof is driven by commercial considerations of market players : CCI (See 'Legal Desk') Principal Scientific Adviser chairs meeting to discuss Biomass Cultivation (See 'Corp Brief') India Pavilion at World Hydrogen Summit showcases Green Hydrogen Mission (See 'Corp Brief') Slum Rehabilitation Act - Preferential right to owner is available only when someone other than owner is being preferred and owner has never before been given or availed of right to develop : HC (See 'Legal Desk') CPC - Application can be dismissed as Intervener has already initiated its own remedy by way of independent Execution Petition : HC (See 'Legal Desk') SEBI Act - Appellant has not shown sufficient cause for condonation of delay in filing appeal : SAT (See 'Legal Desk') PMLA - When questions relating to legality of arrest is under consideration, more holistic and libertarian view is to release Chief Minister of Delhi on interim bail for Lok Sabha General Elections : SC (See 'Legal Desk') Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Order for forfeiture of properties is rightly made as property is occupied through lllegal earning : Tribunal (See 'Legal Desk') Arbitration Act - As petitioner is not notified as 'financial institution' or 'bank' under RDB Act, there is no bar on parallel proceedings to co-exist under A&C Act as well as SARFAESI Act : HC (See 'Legal Desk') Cr.P.C. - Once order issuing process has been set aside, then applicant has no right to file application u/s 482 of Cr.P.C. for quashment of complaint case : HC (See 'Legal Desk') Summer Power demand expected to be adequately met during both day and night (See 'Corp Brief') Competition Act - WordPress.org is justified in taking appropriate action against any developer found non-compliant with prescribed standards and regulations : CCI (See 'Legal Desk') Ministry of Skill signs MoU with Mahindra Ltd to conduct two Pilot Projects (See 'Corp Brief') SEBI Act - Operation of order can be stayed for appellant as he has resigned and has no role to play in decisions made thereafter for continuation of schemes : SAT (See 'Legal Desk') IREDA Global Green Energy Finance IFSC Limited incorporated in GIFT City (See 'Corp Brief') Trade Marks Act - Petitioner has no locus to challenge order as petitioner is not claiming itself to be manufactory in Madhya Pradesh and registration of its label under M.P. Beer & Wine Rules : HC (See 'Legal Desk') SARFAESI Act - Discretion to grant reduction in pre-deposit rests with DRAT and Petitioner has failed to make out any ground for interference : HC (See 'Legal Desk') Constitution of India - Petitioner is entitled for Capital subsidy : HC (See 'Legal Desk') Coast Guard inks MoU with Jindal Steel for boosting indigenous manufacturing capacity (See 'Corp Brief') Companies Act - Winding up proceedings pending before High Courts, which are at nascent stage and have not progressed to advanced stage, can be transferred to NCLT : HC (See 'Legal Desk') PMLA - Considering involvement of applicant in selling fake Remdesivir injection at higher price, applicant is not entitled for anticipatory bail : HC (See 'Legal Desk') Arbitration Act - Any amicable settlement not incompatible with arbitration agreement is encouraged by Arbitral Tribunal : HC (See 'Legal Desk') M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 - Order passed by respondents is devoid of merit as land of petitioner is left open for purpose of any future road expansion : HC (See 'Legal Desk') Arbitration Act - Since appellant has failed to establish loss suffered, Arbitral Tribunal rightly rejected appellant's claim in this regard : HC (See 'Legal Desk') PMLA - Arrest order and consequent remand order are not illegal : HC (See 'Legal Desk') Keel-laying ceremony performed at Goa Shipyard (See 'Corp Brief') Companies Act - Winding up proceedings pending before High Courts, which are at nascent stage and have not progressed to advanced stage, can be transferred to NCLT : HC (See 'Legal Desk') SEBI Act - Extension of time can be allowed to SEBI to complete investigation : SAT (See 'Legal Desk') Arbitration Act - Respondent no.3 is not liable for repayment obligations of financial facilities extended by appellant to respondent no 1 company : HC (See 'Legal Desk') Mineral production grows by 8 percent in February (See 'Corp Brief') SARFAESI Act - Court refrains to adjudicate matter on merits when matter is already pending in DRAT : HC (See 'Legal Desk') Coal production in April up by 7.4% (See 'Corp Brief') SEBI Act - Appellants have made case for stay as rigours of directions of SEBI order would adversely affect business of Appellant as well as their clients : SAT (See 'Legal Desk') Trade Mark Act - Marks 'BETSONE' and 'BETASON' are deceptively similar to registered trademark 'BETNESOL' and visually, phonetically and structurally alike, with minimal alterations : HC (See 'Legal Desk') Voting by tribal communities blossoms as ECI's outreach to them bears fruit (See 'Corp Brief') SARFAESI Act - No fault can be found with respondent financial institution invoking Section 14 of SARFAESI Act by approaching District Magistrate, Rewa : HC (See 'Legal Desk') Ministry of Parliamentary Affairs observes Swachhata Pakhwada (See 'Corp Brief')

IBC - 4-fold decline in Resolution Time, claims Economic Survey

Published: Jan 31, 2020

By TIOLCorplaws News Service

NEW DELHI, JAN 31, 2020: THE Economic Survey 2019-20 highlights that The Insolvency and Bankruptcy Code (IBC) has improved resolution processes in India compared to the earlier measures. The IBC proceedings take 340 days on an average compared to 4.3 years earlier and resulted in recovery of 42.5% amount involved compared to 14.5% under SARFAESI Act.  The Union Minister for Finance and Corporate Affairs Nirmala Sitharaman presented the Economic Survey in Parliament today.

The Economic Survey notes that monetary policy has remained accommodative in 2019-20 with a 110 basis points cut from 6.25% in April 2019 to 5.15% in October 2019. The Survey states that, "low inflation and need to strengthen domestic growth by spurring private investment" guided the rate cuts by the Monetary Policy Committee (MPC) of RBI. 

The Survey highlights that personal loans continue to grow at a steady and robust pace in 2019-20 while the overall Bank Credit growth has moderated from 12.9% in April 2019 to 7.1% in December 2019. The Economic Survey observes that Monetary Transmission has been weak, for instance, the Survey notes that Credit Spread i.e. the difference between Repo Rate and the Weighted Average Lending Rate (WALR) is at the highest level this decade.

Further, the Survey points out that Capital to Risk Weighted Asset Ratio (CRAR) of Scheduled Commercial Banks (SCBs) has increased from 14.3% to 15.1% between March and September 2019. Similarly, Return on Assets (RoA) for SCBs recovered from (-) 0.1% to 0.4% during H1 of 2019-20. The Economic Survey finds that Gross Non Performing Advances (GNPA) Ratio of SCBs has remained flat at 9.3% since March 2019 to September 2019.

Furthermore, the Survey highlights that CRAR of the sector is at 19.5% in September 2019 as against a statutory requirement of 15 % also acknowledges the stress in the Non-Banking Financial Companies (NBFCs) as GNPA ( Gross Non-Performing Advances) increased from 6.1% in March 2019 to 6.3% in September 2019.

The Pre-Budget survey observes that Systematic Liquidity has largely been surplus since June 2019 despite some episodes of forex sales in  July and August. The survey notes that first half of 2019-20 witnessed softening of the 10-year benchmark G-Sec yield due to subdued crude oil prices, surplus liquidity and change in monetary policy stance of UD Federal Reserve. The yield went up slightly and remained at 6.8% in December 2019 as MPC kept repo rates unchanged.

The Survey highlights a 13.2% growth in Reserve Money as in December 2019 whereas Broad Money growth picked up marginally defying the declining trend since 2009. Similarly, the Capital Markets witnessed some green shoots with total Public Issue from Primary Markets increasing by nearly Rs. 30,000 Crores. The total cumulative investments by Foreign Portfolio Investors (FPI) in Indian markets increased by 7.8 % to US $ 259.5 billion as on December 31, 2019. The Survey also points out that India's benchmark indices Nifty50 and S&P BSE Sensex have reached record highs during 2019-20.

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