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Indian court decrees 'right to life overrides right to do business'

hinduwoman

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India
Basic Beliefs
Materialism
http://timesofindia.indiatimes.com/...-Supreme-Court-rules/articleshow/44807888.cms

Right to life outweighed right to do business with the Supreme Court on Monday rejecting State Bank of India's petition challenging an Allahabad high court order directing sugar mills in Uttar Pradesh to sell the sugar stock hypothecated to SBI against loans to pay sugarcane farmers' dues.

Sugar mills had taken loans totaling Rs 3,000 crore from SBI by hypothecating their sugar stock. Under law, the creditor bank has the first right on the hypothecated sugar to realize its dues if the mills default on repayment of loans.

Acting on a PIL filed by Rashtriya Kisan Mazdoor, the HC had invoked Section 17(5) of UP Sugarcane (Regulation of Supply and Purchase) Act, 1953 and extinguished the right of secured creditors and directed collectors to grant permission to sugar mills to sell the sugar stock for payment of dues to cane growers.

Appealing against the HC order through advocate Sanjay Kapur, SBI told the SC on Monday that the mills were now disposing of sugar stock, which was a security against loans. SBI apprehended that the Rs 3,000 crore loans it had advanced to mills would turn non-performing assets.
...

It also said no bank would come forward to grant any advance/loan to these sugar mills in case it was held that first charge on sugar stock would be in favour of cane growers and not banks, as held by the HC.

A bench headed by Chief Justice H L Dattu felt the cane growers' right to life was more important than the bank's right to carry on business, especially in the face of hardships faced by farmers leading to many suicides.

"In view of the suicides among farmers, let us put a quietus to this," the bench observed before dismissing SBI's appeal.

I can see the bank's point and cannot predict about the loan scenario in future.
But the farmers had not been paid. So next year they would not supply the raw material to manufacture the stocks the bank is claiming anyway, which means the mills will default automatically.
Again, why should banks have priority over raw material suppliers?
 
I do not think courts should put appeals to emotion above the law. Furthermore, with their security declared worthless, who is going to lend to sugar mills in the future?
 
I do not think courts should put appeals to emotion above the law. Furthermore, with their security declared worthless, who is going to lend to sugar mills in the future?

That's right, Derek...the law should come before the people's right to live? This is an industry that has run itself up against the wall with the help of the banks. It does not look like the problem is solved with this move however and further adjustments have to be made. This whole situation appears to have very serious consequences and frankly the problem is too complex to quickly find an answer. It may well be that paying the farmers to do the same thing next year is not the answer. One would have to be more conversant with the details of the sugar industry in that country to evaluate this move. Monoculture in small farms in India has not worked out well.
 
I do not think courts should put appeals to emotion above the law. Furthermore, with their security declared worthless, who is going to lend to sugar mills in the future?

That's right, Derek...the law should come before the people's right to live? This is an industry that has run itself up against the wall with the help of the banks. It does not look like the problem is solved with this move however and further adjustments have to be made. This whole situation appears to have very serious consequences and frankly the problem is too complex to quickly find an answer. It may well be that paying the farmers to do the same thing next year is not the answer. One would have to be more conversant with the details of the sugar industry in that country to evaluate this move. Monoculture in small farms in India has not worked out well.

If you want to give away your own money you are free to do it. Or maybe the government could pass a law to help these people. One thing history has taught us is that lack of respect for the rule of law unleashes a host of miseries.

The countries that tend to work the best for their citizens are those that respect the rule of law most.
 
That's right, Derek...the law should come before the people's right to live? This is an industry that has run itself up against the wall with the help of the banks. It does not look like the problem is solved with this move however and further adjustments have to be made. This whole situation appears to have very serious consequences and frankly the problem is too complex to quickly find an answer. It may well be that paying the farmers to do the same thing next year is not the answer. One would have to be more conversant with the details of the sugar industry in that country to evaluate this move. Monoculture in small farms in India has not worked out well.

If you want to give away your own money you are free to do it. Or maybe the government could pass a law to help these people. One thing history has taught us is that lack of respect for the rule of law unleashes a host of miseries.

The countries that tend to work the best for their citizens are those that respect the rule of law most.

The law must be just or it is just another problem the people must cope with. I don't see where you are grasping the gravity of the situation. Was this not adjudicated in a court of LAW? I was commenting as an observer and freely admitted I do not know how this will shake out. You seem to think there is some sort of black and white justice issue that is being violated. The suicide deaths of hundreds of thousands of small farmers is a matter of justice and must be coped with by the courts and the legislatures of that country at some point. If the old laws led to a social impasse, they need to be fixed. Stop being so rigid you cannot afford any compassion. Laws must be based on that too.
 
If you want to give away your own money you are free to do it. Or maybe the government could pass a law to help these people. One thing history has taught us is that lack of respect for the rule of law unleashes a host of miseries.

The countries that tend to work the best for their citizens are those that respect the rule of law most.

The law must be just or it is just another problem the people must cope with. I don't see where you are grasping the gravity of the situation. Was this not adjudicated in a court of LAW? I was commenting as an observer and freely admitted I do not know how this will shake out. You seem to think there is some sort of black and white justice issue that is being violated. The suicide deaths of hundreds of thousands of small farmers is a matter of justice and must be coped with by the courts and the legislatures of that country at some point. If the old laws led to a social impasse, they need to be fixed. Stop being so rigid you cannot afford any compassion. Laws must be based on that too.

What is unjust about lenders getting collateral to secure loans?
 
Am I the only one having trouble following the article?

From what I see, Sugar Mill didn't pay loan, bank wanted to seize sugar in return, which left the sugar cane growers out of luck and payment. Is this correct?
 
Am I the only one having trouble following the article?

From what I see, Sugar Mill didn't pay loan, bank wanted to seize sugar in return, which left the sugar cane growers out of luck and payment. Is this correct?

No, it was virtually unreadable. But it appears you have the basic gist. The sugar appears to have been pledged as collateral against the loan.

In this country senior secured creditors have precedence over trade suppliers in a bankruptcy. However there may be some nuance here as it's hard to understand the business model at work here from the article.
 
Am I the only one having trouble following the article?

From what I see, Sugar Mill didn't pay loan, bank wanted to seize sugar in return, which left the sugar cane growers out of luck and payment. Is this correct?

No, it was virtually unreadable. But it appears you have the basic gist. The sugar appears to have been pledged as collateral against the loan.

In this country senior secured creditors have precedence over trade suppliers in a bankruptcy. However there may be some nuance here as it's hard to understand the business model at work here from the article.
Glad to know I didn't forget how to read. It is as if a computer wrote the article. May be technically correct, but completely unreadable.

I presume the farmers don't own the land and they are leasing or something? Otherwise, why would the mill own the sugar (then being a target for the bank) if they haven't paid for it?
 
No, it was virtually unreadable. But it appears you have the basic gist. The sugar appears to have been pledged as collateral against the loan.

In this country senior secured creditors have precedence over trade suppliers in a bankruptcy. However there may be some nuance here as it's hard to understand the business model at work here from the article.
Glad to know I didn't forget how to read. It is as if a computer wrote the article. May be technically correct, but completely unreadable.

I presume the farmers don't own the land and they are leasing or something? Otherwise, why would the mill own the sugar (then being a target for the bank) if they haven't paid for it?

It's not clear from the article what's going on, but suppliers often sell on credit. If you deliver something to a customer and then invoice them you may not get paid for a billing cycle (45 days or so.) If they file bankruptcy in the interim you may find yourself behind a secured creditor and not get paid at all.
 
The article looks almost like computer translation.

It seems to me that it's saying that if the banks enforced the loan agreements the result would be the guaranteed failure of the mills next year anyway along with the livelihood of a lot of farmers.

As Derec has said, without enforcing it who is going to loan to a sugar mill? The result would be similar but not as fast.


It seems to me that there's a middle ground here: It looks like the sugar mills are de-facto bankrupt. How about giving the banks whatever value is to be had but not messing with the system: Hand over ownership of the sugar mills with the provision that they must continue to deal with farmers in the manner they were before.
 
The article looks almost like computer translation.

It seems to me that it's saying that if the banks enforced the loan agreements the result would be the guaranteed failure of the mills next year anyway along with the livelihood of a lot of farmers.

As Derec has said, without enforcing it who is going to loan to a sugar mill? The result would be similar but not as fast.


It seems to me that there's a middle ground here: It looks like the sugar mills are de-facto bankrupt. How about giving the banks whatever value is to be had but not messing with the system: Hand over ownership of the sugar mills with the provision that they must continue to deal with farmers in the manner they were before.

It seems pointless to speculate on what could be done with garbled facts.

In the US there are basically 2 kinds of bankruptcy, a liquidation and a restructuring. If the business was viable a court could pursue some sort of restructuring. In a restructuring certain suppliers can be deemed vital and get paid.

But ultimately the secured creditors are more or less in position to call the shots. It is effectively their business at that point.
 
The article seems clear enough to me; Sugar stocks held by the mills were used as collateral for loans totalling Rs3,000crore (crore is 10,000,000, so this is 30 billion rupees, or about US$490million) from the State Bank of India.

The sugar mills owed money to cane growers whose crops they had been supplied but had not yet paid for, and the growers petitioned the Allahabad high court to force the mills to pay them what they were owed, even if they had to sell the sugar stocks to do this, and the court granted that petition.

The State Bank then petitioned the supreme court to overturn that ruling, on the grounds that the stocks of sugar were collateral for the loans, and therefore belonged not to the mills, but to the bank. The Supreme court ruled that the right of the bank to control of these assets was outweighed by the humanitarian need to ensure that the farmers were paid for their crops. In accordance with Section 17(5) of the Uttarakhand Sugarcane (Regulation of Supply and Purchase) Act, 1953, the mill owners are not permitted to use the entirety of their stock as collateral for loans, and must set aside some portion for the sole purpose of paying canegrowers (or canegrowing cooperatives) for the cane supplied to the mills. The mills acted illegally in using more than the permitted proportion of their sugar stock as loan collateral.

The bank still has a right to collect the loans; The farmers and their families get to eat; and the mills still owe lots of money. If the mills go bankrupt, the bank may lose some or all of the money it loaned; but nobody will die. Had the court ruled in favour of the bank, and the mills then gone bankrupt, then the bank would have lost little or nothing, and many farmers and their families would have been left with nothing. Many may have died as a result.

The bank will need to review its assessment of the risks of lending; and might need to charge higher interest rates in future to cover the additional risk inherent in not being assured of being the preferred creditor. The law was clear (and has been since 1953), so the bank were evidently either incompetent in their original risk assessment, or were unlawfully misled by the mill owners who declared their entire holdings as available for collateral in contravention of the law, or deliberately misled the market by providing a lower risk estimate than the risk they knowingly took on with these assets.

The court ruled that it is not acceptable to place the rights of banks over the rights of other creditors where to do so could result in loss of life. I am struggling to see how this was a poor decision; It was certainly the morally right thing to do, and if an amoral law leads to immoral outcomes, then it is a good thing to have a court system in place with the power to redress that failing of the system. In this case, however, the law is explicit:

"Without prejudice to the provisions of the foregoing sub-sections, where the owner or any other person having control over the affairs of the factory or any other person competent in that behalf enters into an agreement with a bank under which the bank agrees to give advance to him on the security of sugar produced or to be produced in the factory, the said owner or other person shall provide in such agreement that a [percentage determined by such authority and in such manner as may be prescribed] of the total amount of advance shall be set apart and be available only for re-payment to cane-growers or their co-operative societies on account of the price of sugarcane purchased or to be purchased for the factory during the current crushing season from those cane-growers or from or through those societies, and interest thereon and, such societies, commission in respect thereof." Source (pdf).

The act also requires that the growers be paid immediately upon supply of the cane, and that if they are not paid within 15 days, the mills must pay interest of 7.5% per annum from the delivery date, unless given special dispensation by the Cane Commissioner. (Section 17(2 and 3)).

The bank want to throw their weight around, and have 3,000 crore reasons to do so; but the court has rightly ruled that their money is less important than cane-grower's lives, both as a matter of law, and of moral right.
 
Glad to know I didn't forget how to read. It is as if a computer wrote the article. May be technically correct, but completely unreadable.

I presume the farmers don't own the land and they are leasing or something? Otherwise, why would the mill own the sugar (then being a target for the bank) if they haven't paid for it?

It's not clear from the article what's going on, but suppliers often sell on credit. If you deliver something to a customer and then invoice them you may not get paid for a billing cycle (45 days or so.) If they file bankruptcy in the interim you may find yourself behind a secured creditor and not get paid at all.

If the sugar hadn't been paid for within the time alloted, then wouldn't this be a breach of contract and that the mills don't have legal ownership to the sugar? If so, then it would seem that the sugar can not be used as collateral by the bank.
 
It's not clear from the article what's going on, but suppliers often sell on credit. If you deliver something to a customer and then invoice them you may not get paid for a billing cycle (45 days or so.) If they file bankruptcy in the interim you may find yourself behind a secured creditor and not get paid at all.

If the sugar hadn't been paid for within the time alloted, then wouldn't this be a breach of contract and that the mills don't have legal ownership to the sugar? If so, then it would seem that the sugar can not be used as collateral by the bank.

That is, in essence, what the law says; and what the court ruled. Payment for cane is due immediately, and interest is payable to the farmers after 15 days. Sugar mills are required to set aside some of the sugar to cover this debt before using any remainder as collateral for bank loans.

Either the mill owners lied to the bank, or the bank colluded with them to make unlawful loans. Either way, the farmers shouldn't be left holding the shit end of the deal. They sold their cane in good faith and are entitled to payment ahead of the bank, as mandated by law.
 
Am I the only one having trouble following the article?

From what I see, Sugar Mill didn't pay loan, bank wanted to seize sugar in return, which left the sugar cane growers out of luck and payment. Is this correct?

No, you are not the only one
 
It's not clear from the article what's going on, but suppliers often sell on credit. If you deliver something to a customer and then invoice them you may not get paid for a billing cycle (45 days or so.) If they file bankruptcy in the interim you may find yourself behind a secured creditor and not get paid at all.

If the sugar hadn't been paid for within the time alloted, then wouldn't this be a breach of contract and that the mills don't have legal ownership to the sugar? If so, then it would seem that the sugar can not be used as collateral by the bank.
In a sense, it would seem like a parking garage company taking a loan and offering the cars that parked there as collateral.

Really, at what point does the mill own the sugar? They pay after the fact and the product is probably gone by then.
 
It's not clear from the article what's going on, but suppliers often sell on credit. If you deliver something to a customer and then invoice them you may not get paid for a billing cycle (45 days or so.) If they file bankruptcy in the interim you may find yourself behind a secured creditor and not get paid at all.

If the sugar hadn't been paid for within the time alloted, then wouldn't this be a breach of contract and that the mills don't have legal ownership to the sugar? If so, then it would seem that the sugar can not be used as collateral by the bank.

First, as mentioned before the facts of this particular case are too garbled for me to make sense of.

But the logic you have outlined would not apply in a US court. Yes, the company not paying a supplier would result a breach. Yes, the breach would result in a claim. But an unsecured trade creditor's claim would rank below a secured lender's claim. If there is enough money to pay everyone, unsecured creditors get paid but if there isn't priority goes to secured creditors.
 
The article seems clear enough to me; Sugar stocks held by the mills were used as collateral for loans totalling Rs3,000crore (crore is 10,000,000, so this is 30 billion rupees, or about US$490million) from the State Bank of India.

The sugar mills owed money to cane growers whose crops they had been supplied but had not yet paid for, and the growers petitioned the Allahabad high court to force the mills to pay them what they were owed, even if they had to sell the sugar stocks to do this, and the court granted that petition.

Thank you for the details.

That doesn't change my position--the mills are bankrupt, seize them and hand them over to their creditors, the banks. From what you say there might be some criminal matters involved also.
 
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