Co-op banks take RBI to court over Parekh losses' write-off

In another case of a regulated entity taking the regulator to court, the Gujarat Urban Co-operative Banks Federation (GUCBF) has petitioned the Gujarat High Court, seeking relief from a circular issued by the central bank.

The case relates to the Madhavpura Mercantile Co-operative Bank (MMCB), which was trapped in the 2001 Ketan Parekh scam and had lost money heavily. The 150-odd Gujarat-based co-op banks had kept deposits with MCCB, which was also acting as the clearing bank for many of these smaller banks.

In December, RBI issued a circular asking them to write off all the losses in one go in the financial year 2010-11. If implemented, the net worth of at least four co-op banks from Gujarat would get wiped out.

Most banks have partially provided for such losses and a few have provided for fully, but the four smaller banks whose net worth would get wiped out have joined the federation in filing this petition. The petitioners have told the court that “on account of the negative impact on the balance sheet, there would be erosion of faith” that can lead to the depositors resorting to massive withdrawals. “This would further affect the working of the bank. The bank would also not be in a position to maintain the statutory CRR (cash reserve ratio) and SLR (statutory liquidity ratio). This would again lead to further action under the Act, making it virtually impossible for the bank to survive and function,” they said.

The High Court has admitted the petition and has issued notices to the Union government, RBI, CBI, Central Registrar and MMCB. The case is scheduled for hearing on Monday.

The federation has also asked the court to set aside RBI’s December circular. The banks’ representation to RBI has not helped them in securing more time for making such a provision. They have represented to the RBI, seeking seven years’ time to make full provision.

The petitioners have also requested the court to ask the investigators to file a report and show how money is being recovered from Ketan Parekh.

When contacted, Jyotindra Mehta, chairman of the Gujarat Urban Co-operative Banks’ Federation said, “The recovery of dues from Parekh could solve the problem. RBI should provide for more time for the revival of MCCB, which is under way, and the RBI deadline will end in the second quarter of the current financial year.”

A committee led by a retired IAS officer is trying for the revival of MCCB, leading accounting firm Deloitte was appointed to suggest a plan. Deloitte had submitted an interim report and the final one is expected soon. “The RBI deadline for MCCB revival is ending in the next quarter, which should be extended to give revival a chance,” said Mehta.

The federation has also petitioned the High Court to direct the Central Bureau of Investigation and the authorities concerned to take effective steps for recovery of amounts outstanding from broker Ketan Parekh and his firms. It has sought a speedier investigation and the cancellation of broker’s bail.