Legal Question in Banking Law in India

i am an induvidual aged 56 years old having medical history since child hood. Promoted a company with other other younger family members in 1994 with moderate cash credit facilities from state bank of india . but due to default in greater family business where in our family had minor sharer with no say in those companies management but by virtue of family member we became gurentor in those companies which defaulted with same state bank of india. (defaulted in year 2000)

because of that episord state bank treated our 1994 company in very bad manner by recducing our financial facilities and did not provied level playing field during 2000 to 2003 period then we made a complaint of SBI to RBI and ministry of finance then top executive level of SBI restored and increased our financial facilities in the year mid 2003 which continued well up to year 2008 . but in the mean time i was told to retire from directorship of 1994 company but also told by bank to continue as a gurantor despite my son being replaced director and gurantor simeltaniously.

after year 2000 SBI did not provied Export packing Credit(EPC) to our company on the pertext that ECGC of india not providing cover due to default in other company business(greater family)

Our company became high interest paying account as No EPC consessional rate of interest was provieded in ever sanction letter SBI mentioned Quote " Since Company is placed under Specific approval list (SAL) by ECGC because of gurantee of Mr.XXX for the companies who have defaulted in repayment of EPC , further EPC's will be granted after ECGC approval is rececived" Unquote

it was duty of SBI to obtain perodically approval from ecgc. Surprisingly upon enquiry from ECGC under RTI act they informed us that after year 2003 SBI never represented our companies case to ECGC . more over as per ECGC SAL is not a Bad list and bank can use its own discresion or take permission from ECGC to give EPC to the companies who are Under SAL

our business grew to turnover of Rs.180 CR. with a cash credit limit of Rs.16 CR means more that 11 time of the CC limit . normally 4 to 5 times turnover is considered bench mark . but after year 2008 bank refused to give enahanced limit and continued us as higher rate interest paying company deprived us from export business by not providing EPC

where by we lost every year Rs.2 cr . now we are unable to sustain such turnover will small CC limit of high interest cost. and turning in to NPA status. bank is not ready to accept our any request without assinging any reason for stale mate in last 3 years.

they want us to perform list a start performer every year any pay high rate of interest.and expect every thing to be normal in business which can not be because of so many dents by way of high interest and no export.

what remidies are available to be as i want to do business and come out of crisis.

kindly advice,

thanks


Asked on 6/06/11, 8:31 am

1 Answer from Attorneys

Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

I CANNOT SUGEST ANY THING WITHOUT SEEING THE PAPERS SO IT BETER TO CONSULT WITH ME WITH ALL PAPERS

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Answered on 6/06/11, 9:15 am


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