HON’BLE SUPREME COURT DIRECTED THE UNION OF INDIA TO IMPLEMENT ITS DECISION VIDE CIRCULAR DATED 23.10.2020 RELATING TO CHARGING OF INTEREST ON THE LOAN AMOUNT DURING THE MORATORIUM PERIOD FROM 1.3.2020 TO 31.8.2020 I.E FOR SIX MONTHS SO THAT BENEFIT AS CONTEMPLATED BY THE GOVERNMENT OF INDIA PERCOLATES TO THOSE FOR WHOM THE FINANCIAL BENEFITS HAVE BEEN ENVISAGED AND EXTENDED.
Gajendra Sharma Vs. Union Of India And Anr., (2020) 11 SC CK 0037 Full Bench of the Hon’ble Supreme Court disposed of a Petition seeking directions declaring the notification dated 27.03.2020 issued by Reserve Bank of India as ultra vires to the extent it charges interest on the loan amount during the moratorium period. The relevant part of the Notification under challenge is under the heading (i) Rescheduling of Payments – Term Loans and Working Capital Facilities. 2. In respect of all term loans (including agricultural term loans, retail and crop loans), all commercial banks (including regional rural banks, small finance banks and local area banks), co-operative banks, all- India Financial Institutions, and NBFCs (including housing finance companies) (“lending institutions”) are permitted to grant a moratorium of three months on payment of all instalments1 falling due between March 1, 2020 and May 31, 2020. The repayment schedule for such loans as also the residual tenor, will be s...