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Shri Rahul Sripat further submitted that when a delegate is empowered by Parliament to enact a policy and to issue directions which have a statutory force and when the delegate issues such guidelines having statutory force, such guidelines have to be read as supplement to the provisions of 1949 Act. Section 21 of 1949 Act empowers Reserved Bank of India in the interest of the banking policy to lay down guidelines in relation to advances to be followed by the banking companies. Thus the guidelines are issued by the RBI for classification of NPA from time to time as a restructuring measure in order to avoid setbacks in the banking system. The NPAs do not generate interest and are account receivables. The object of issuance of NPA guidelines by the RBI is to minimize the problem of credit risk. The corporate debt restructuring is one of the methods for reducing NPAs and such restructuring as a matter of banking policy cannot be treated as trading. One has to keep in mind the object behind enactment of the 1949 Act. The said guidelines are a part of credit appraisal mechanism. Dealing in NPAs as part of the credit appraisal mechanism and as a part of restructuring mechanism falls within Section 21 read with Section 35A of the 1949 Act. The obligations under a contract cannot be assigned except with the consent of the promises and when such consent is given, it is really a novation resulting in substitution of liabilities. Under the alleged Deed of Assignment dated 29.03.2006 not only the account receivable in the books of SBI has been transferred to fourth respondent, but also the obligations of the third respondent towards its borrowers fifth respondent including the eight respondents under the loan agreement secured by the.
Shri Rahul Sripat further submitted that when a delegate is empowered by Parliament to enact a policy and to issue directions which have a statutory force and when the delegate issues such guidelines having statutory force, such guidelines have to be read as supplement to the provisions of 1949 Act. Section 21 of 1949 Act empowers Reserved Bank of India in the interest of the banking policy to lay down guidelines in relation to advances to be followed by the banking companies. Thus the guidelines are issued by the RBI for classification of NPA from time to time as a restructuring measure in order to avoid setbacks in the banking system. The NPAs do not generate interest and are account receivables. The object of issuance of NPA guidelines by the RBI is to minimize the problem of credit risk. The corporate debt restructuring is one of the methods for reducing NPAs and such restructuring as a matter of banking policy cannot be treated as trading. One has to keep in mind the object behind enactment of the 1949 Act. The said guidelines are a part of credit appraisal mechanism. Dealing in NPAs as part of the credit appraisal mechanism and as a part of restructuring mechanism falls within Section 21 read with Section 35A of the 1949 Act. The obligations under a contract cannot be assigned except with the consent of the promises and when such consent is given, it is really a novation resulting in substitution of liabilities. Under the alleged Deed of Assignment dated 29.03.2006 not only the account receivable in the books of SBI has been transferred to fourth respondent, but also the obligations of the third respondent towards its borrowers fifth respondent including the eight respondents under the loan agreement secured by the.
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