The National MSME Borrowers Association recently emphasized the urgent need for the enforcement of a 2015 Notification that mandates a structured process for addressing distressed MSME loans before any Non-Performing Asset (NPA) classification or recovery actions can be initiated by banks. At a press conference on November 2, association representatives highlighted that MSMEs represent 90% of the nation’s entrepreneurial base. They argued that fully implementing the notification would likely prevent the need for aggressive recovery actions.
According to the association, the government previously directed banks and financial institutions to support MSMEs by providing collateral-free credit. Additionally, buyers delaying payments to MSMEs are required to pay interest at a rate three times the standard bank rate. Despite these protections, the association pointed out that they remain largely unimplemented, to the detriment of MSMEs.
Supreme Court ruled that the 2015 Notification, issued under Section 9 of the MSMED Act, mandating the restructuring of stressed MSME accounts, is mandatory and binding on banks and NBFCs, and must be adhered to before classifying an MSME account as a NonPerforming Asset (NPA), overriding the SARFAESI Act’s provisions only at the stage of enforcement.
The representatives also noted that although the Supreme Court has ruled in the case reported in REEDLAW 2024 SC 08201, against the improper classification of MSME loans as NPAs, many MSMEs continue to face threats of asset dispossession. They attribute this ongoing risk to banks’ reluctance to honour the Court’s directive, often prioritizing the interests of Asset Reconstruction Companies (ARCs) over compliance with judicial and regulatory mandates, thereby intensifying the financial strain on MSME borrowers.
Comments