Friday 3 May 2013

Lenders have increased pressure on promoters of Kingfisher Airlines by initiating a move to invoke the corporate guarantee provided by United Breweries and the personal guarantee of Dr Vijay Mallya.



Kingfisher Airlines lenders may try ‘wilful defaulter’ tag if guarantee turns dud


Lenders have increased pressure on promoters of Kingfisher Airlines by initiating a move to invoke the corporate guarantee provided by United Breweries and the personal guarantee of Dr Vijay Mallya.

Lenders said that the next move would be to seek an inventory of assets of the guarantor. They have also raised the spectre of labeling the promoters as "wilful defaulters" if they refused to pay despite having the resources. Although lenders have sought to recall their loans KFA and promoters have been continuing to maintain that they are pursuing revival of the airline, including seeking strategic investors. Last week Etihad, the airline once seen as a suitor for Kingfisher, picked up stakes in Jet Airways.

According to disclosures made to Parliament, Vijay Mallya has provided banks with a personal guarantee of Rs 249 crore, while United Breweries gave a corporate guarantee of Rs 1,601 crore. Besides this the next biggest security is the Kingfisher brand which had been valued at Rs 4,111 crore by Grant Thornton.


"One way of recovery against personal guarantee from a recalcitrant promoter is the wilful defaulter list. Putting them on the list does a lot of damage because if they don't pay up all their future entrepreneurships become doubtful," said a banker.

However, experts on banking laws said that it is not easy to classify a borrower a wilful defaulter. "RBI norms require the party to be given a 15-day notice allowing him to make a representation why he should not be called a wilful defaulter. Banks also have to provide him with all supporting evidence to give him a chance to defend himself. He has to make his representation before a committee of the bank and the final decision is taken by another committee including bank chief," said a lawyer representing corporate against banks.


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Although lenders have sought to recall their loans KFA and promoters have been continuing to maintain that they are pursuing revival of the airline, including seeking strategic investors. Last week Etihad, the airline once seen as a suitor for ...
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