Loan moratorium case: Waiver of complete interest not possible, says Supreme Court

Refusing to interfere with the government and RBI’s decision to not extend the loan moratorium period beyond Aug 31, the Supreme Court on Tuesday said it cannot do a judicial review of Centre’s financial policy decision unless it is malafide, arbitrary. The apex court said that the waiver of complete interest is not possible as it affects depositors.

The apex court refused to interfere with the Centre’s and Reserve Bank of India (RBI’s) decision to not extend the loan moratorium beyond August 31 last year, saying it is a policy decision.

A bench headed by Justice Ashok Bhushan said the top court cannot do judicial review of the Centre’s financial policy decision unless it is malafide and arbitrary.

The bench said this in its verdict on a batch of pleas filed by various trade associations, including from real estate and power sectors, seeking extension of the loan moratorium period and other reliefs in view of the pandemic.

The Centre had earlier submitted before the top court that if it were to consider waiving interest on all the loans and advances to all categories of borrowers for the six-month moratorium period announced by RBI in view of COVID-19 pandemic, then the amount foregone would be more than Rs 6 lakh crore.

If the banks were to bear this burden, then it would necessarily wipe out a substantial and a major part of their net worth, rendering most of the lenders unviable and raising a very serious question mark over their very survival, it had said. The government said this was a main reason as to why waiver of interest was not even contemplated and only payment of instalments was deferred.