Time has come to help MSMEs protect their legal and Constitutional rights. What are MSME rights?
If the MSME is not a willful defaulter or fraudster or thief of public money, then it is entitled for following safeguards:
MSME Units should be dealt with respect and dignity at all levels and not treated like a thief.
MSME Units should be allowed to make its submissions of the case in full measure and should not be brow beaten.
Courts, RBI, Banks and every other Forum should provide all possible help to the MSME Units to collect data in support of their case. As compared to Banks, MSME is a small entity and should not be denied access to documents and information on any ground.
Law of damages, lender’s liability, novations of contracts, counter claims, and fixation of costs for should be adequately heard and proper orders passed.
The Recovery of Debts Due to Banks and Financial Institutions (RDDBFI) Act, 1993 should be adequately amended to enable MSME Units to be heard in single suit, rather than making the MSME Units go to the civil courts after protracted hearings.
Why MSME needs help?
Banks have set up highly specialized and dedicated Asset Reconstruction and Management Branches. These branches are dedicated for the recovery of Non Performing Asset of all branches under their control.
Banks have teams of highly trained and specialized staff with unlimited funds at their disposal for working in the feild of recovery of Non Performing Assets.
There is a committee in the Government that monitors Non Performing Asset and has the powers to issue instructions to various authorities including DRTs on taking corrective actions.
There is a huge net work of Recovery Agents, Recovery Agencies, and Asset Reconstruction Firms, many of them with dubious backgrounds and even more dubious staff ready to visit MSME Units and do “the recovery”.
Banks have been using SRFAESI Act, liberally, and in many cases recklessly. When all the MSME Units needed was breathing time to repay the debts. Nurturing of MSME Units appears passe with Banks.
In some cases bank officials are in league with the Recovery Agents to appropriate prime properties at throw away prices.
In comparison, a MSME Unit is a puny entity, almost bankrupt, not even in a position to engage a small time counsel leave alone engaging powerful law firms, fight across multiple forums, pre-deposit mind boggling amounts, spend huge amounts on paper books, service charges and hundred other things apart from taking time off in fighting debilitating legal battles instead of doing business activities and repaying the loans.
BankDRT desires to make a small contribution to mitigate the problems faced by the MSME. For a small, nominal one time fee, BankDRT will provide the following assistance to the Association/ Members of the Association:
- Free access to the association to premium legal modules of the site.
- Office bearers of the Association will be given free training in our office under our capsule work shop.
- Members of the Association will be given FREE empirical guidance and advise.
- For a nominal Fee of Rs. 3000/- our experts will examine case documents and records and give case specific advise.
- Legal experts and heads of Legal Department of BankDRT will take Q&A session with members of the association through video conferencing absolutely FREE of costs.
- BankDRT will depute experts to address meetings of the Association and also conduct training sessions at the local place of the MSME.
- For a nominal fee BankDRT experts will draft appropriate applications where ever considered necessary.
We believe that MSME Units are the backbone of the country's growth. They provide jobs locally, provide local taxes, prevent migration and develop local economy. Interested? Get in touch with us.
|Think it over
Neutral men are the devil’s allies.
Edwin H Chapin