hinduwoman
Member
http://timesofindia.indiatimes.com/...-Supreme-Court-rules/articleshow/44807888.cms
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?
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.
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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?