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Source: The Hindu BusinessLine

The Hindu BusinessLine
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Banking Sector
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2 min
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19 Aug
Published
Banking Sector
2 min read· The Hindu BusinessLine

Supreme Court orders independent CBI probe into Indiabulls loan transactions

The Supreme Court has ordered the CBI to start a fresh probe into financial deals involving Indiabulls Housing Finance. The court wants an independent check despite local police previously clearing some transactions.

The Supreme Court of India has issued a major order directing the Central Bureau of Investigation (CBI) to independently probe allegations of financial irregularities against Indiabulls Housing Finance Ltd. The bench, led by Chief Justice Surya Kant, stated that the CBI must not be influenced by previous findings from the Delhi Police Economic Offences Wing (EOW). This move follows a Public Interest Litigation (PIL) filed by the Citizens Whistleblower Forum, which alleges serious misconduct including fund diversion and stock price manipulation.

The core of the legal battle involves allegations that Indiabulls engaged in 'evergreening' of loans (giving new loans to borrowers just so they can pay back old ones to keep the account from becoming an NPA). Specifically, the petitioner claims that loans worth nearly ₹1,693 crore were sent to companies under the Americorp Group, which then allegedly used that money to buy shares in Indiabulls-linked firms. The petitioner, represented by Advocate Prashant Bhushan, argued that according to RBI rules, any suspected bank fraud over ₹50 crore must be handled by the CBI, not just the local police.

A key part of the case involves a ₹1,574-crore transaction that is currently under the scanner. The CBI informed the court that it is already seeking permission from a special court in Mumbai to continue its investigation into this specific deal. Meanwhile, the Delhi Police EOW had previously looked at five other transactions and suggested no further action was needed. However, the Supreme Court has now overruled that stance, demanding the CBI perform its own check from scratch to ensure transparency.

On the other side, lawyers for the company, now known as Sammaan Capital, and its former promoter Sameer Gehlaut, have denied all wrongdoing. They argued that there is no 'bank fraud' because the loans in question have already been repaid. Their legal team also contended that no individual bank has complained about a default or loss. They further argued that 'evergreening' by itself is not necessarily a criminal act if the money is returned.

For Indian bank officers and aspirants, this case is a vital lesson in compliance and the 'Preventive Vigilance' framework. It highlights how the Supreme Court views the roles of different agencies like the CBI, ED (Enforcement Directorate), and EOW. The court's insistence on a CBI probe despite the loans being repaid shows that the 'process' and 'intent' of the transaction are just as important as the final recovery of funds. It serves as a reminder that large-ticket loans are subject to intense scrutiny from multiple regulators.

The next steps involve the Special PMLA (Prevention of Money Laundering Act) Judge in Mumbai making a decision on the CBI's application within two weeks. After that, both the CBI and the EOW must file fresh status reports to the Supreme Court. Bankers should watch these developments closely, as the final verdict could set a new precedent for how 'evergreening' and inter-corporate deposits are treated under criminal law in India.

Source: The Hindu BusinessLine