PRESS RELEASE                                                                               SEPTEMBER 05, 2002

RBI files complaint against ICICI Bank over financing of Bangalore Mysore Infrastructure Corridor Project

 

The Department of Banking Supervision of the Reserve Bank of India (RBI) has filed a Case (No. 105/16.8.2002) against the ICICI Bank based on a complaint brought by Environment Support Group (ESG) over financing of the controversial Bangalore Mysore Infrastructure Corridor Project (BMICP). 

 

In its complaint dated 24 July 2002, ESG brought to the attention of RBI that the financing of BMICP based on State Guarantees would be in absolute violation of the Circular No. IECD No. /08.12.01/2001-02 dated 20 February 2002, issued by the Reserve Bank of India to all banks and financial institutions on “Financing of Infrastructure Projects”.  Para 3 of the Circular states:

 

“3. In respect of infrastructure projects, where financing is by way of term loans or investment in bonds issued by government owned entities, banks/Financial Institutions should undertake due diligence on the viability and bankability of such projects to ensure efficient utilization of resources and creditworthiness of the projects financed. Banks should also ensure that the individual components of financing and returns on the project are well defined and assessed.  Lending/investment decisions in such cases should be based solely on commercial judgment of banks/Financial Institutions.  There should be no compromise on proper credit appraisal and close monitoring of the projects financed and banks should ensure that only projects that are intrinsically viable are financed.  State Government guarantees may not be taken as a substitute for satisfactory credit appraisal and such appraisal requirements should not be diluted on the basis of any reported arrangement with the Reserve Bank of India or any bank for regular standing instructions/periodic payment instructions for servicing the loans/bonds.”  (Emphasis added)

 

The complaint brought to the attention of RBI that Mr. Ashok Kheny, MD Nandi Infrastructure Corridor Enterprise (project developer) has repeatedly claimed that the highly controversial BMICP’s financial closure is based on a “comfort letter” issued by the Government of Karnataka.  Either the State Government agencies or the financial institutions concerned have not contested this claim.  In particular, ESG has raised this issue with the financial institutions in June 2002, but has had no response from them. 

 

RBI’s case against ICICI Bank, based on ESG’s complaint, must be viewed in the context that its February Circular is a clear direction to Financial Institutions to put an end to a series of Bank financed scams in Infrastructure Development, that threatens the long term economic security of the country.   Enron is a classic case of such economic misadventures, and it would not be an exaggeration to address BMICP as the “Enron” of Road Development.  

 

 

 

Leo F. Saldanha                        Nagini Prasad             Rajmohan Pillai

Coordinator –ESG                    Campaigns Coordinator            Coordinator (Infrastructure Finance Research)

Encl: Copy of RBI Case Letter