CII Report: Loan Recovery Delays and Legal Hurdles Weakening India’s Banking System

The report flags slow resolution of bad loans and procedural bottlenecks as key challenges, calling for stricter timelines and stronger institutional capacity to support the sector.

Highlighting the effect of delays, the report said, "prolonged proceedings lead to the asset devaluation, creditor losses and overall inefficiency in resolving the cases."

It noted that despite laws aimed at faster recovery, implementation remains weak. The report added that "there are frequent extensions and delays," even in processes designed to be time-bound.

To address this, the report recommends strict enforcement of timelines and faster judicial action. It said, "Strict enforcement of timelines by minimising avoidable enforcements... would help preserve asset value," while improving transparency and efficiency in resolution.

The report also underlined capacity constraints in tribunals handling banking disputes. It suggested expanding infrastructure, noting that "increasing the number of National Company Law Tribunal benches and appointing more members" would help speed up resolution.

Another major concern highlighted is the complexity of India's banking legal framework.

The report said multiple laws governing the sector have led to confusion, stating that "the financial sector of India is governed by multiple statutes... which results in overlapping and inconsistencies."

To simplify the system, the report proposes consolidation of laws under a unified framework.

According to it, "consolidating banking and financial laws under a Unified Financial Code... would provide... clarity in legislative framework" and remove inconsistencies.

The report further pointed to inefficiencies in debt recovery mechanisms, including delays in issuing recovery certificates. It noted that "recovery certificates are often issued after 3 years or more due to procedural delays," impacting banks' ability to recover dues.

Calling for improved accountability, the report said banks must strengthen their lending practices, adding that "banks may undertake proper due diligence" to ensure responsible credit decisions.

The CII report emphasised that reforms must balance the interests of lenders and borrowers to improve trust in the system. It concluded that "meaningful reforms will not only strengthen financial discipline but also enhance investor confidence and overall economic stability."

- ANI