VidhiSangh

Supreme Court of India · 01/08/2024

M/S PRO KNITS versus THE BOARD OF DIRECTORS OF CANARA BANK & ORS.

[2024] 8 S.C.R. 140 · 2024 INSC 565

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Summary

The Supreme Court held that the Framework for Revival and Rehabilitation of MSMEs, notified by the Central Government on 29.05.2015 under Section 9 of the MSMED Act and implemented through RBI directions under Sections 21 and 35A of the Banking Regulation Act, has statutory force and binds banks, which must follow it before classifying an MSME loan account as NPA. The MSME must, however, produce verifiable proof of its status before classification and cannot raise the plea belatedly to derail SARFAESI action. The High Court's contrary view was set aside without remand.

Issues

  1. Whether the Framework for Revival and Rehabilitation of MSMEs notified on 29.05.2015, as revised by the RBI, is mandatory and binding on banks.
  2. Whether banks must follow the Framework before classifying an MSME's loan account as NPA and proceeding under the SARFAESI Act, notwithstanding Section 35 of that Act.
  3. What obligation rests on the MSME borrower to invoke the Framework.

Provisions considered

Held

Result

Appeals allowed; impugned High Court order set aside; no remand since the SARFAESI proceedings had concluded and possession had been taken, but the appellants are free to pursue any legally available remedy on the issues the High Court did not decide.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 140.