22nd February, 2004  Volume 10, Issue 32

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SPOTLIGHT

 Yashodha vs. Dasa

President's double standards exposed

By Vimukthi Yapa 

The double standards of President Chandrika Kumaratunga when it comes to multi million rupee transactions is revealed in yet another deal involving her, which had been hitherto a well guarded secret.

The President recently - without any legal authority to do so - issued a press release on the People's Bank possibility of settling their long standing dispute with Yashodha Holdings (Pvt) Ltd. The President's press communiqu, addressed to the board of directors of the People's Bank, waxed eloquent as to why the bank's board should only resort to legal actions and court decrees and not settle its dispute with Yashodha Holdings as recommended by an inquiry conducted into the matter by an investigation agreed to by both the bank and the customer.

Only half the truth

In her characteristic style, what the President failed to disclose in her communiqu was that the People's Bank had also been a party to the inquiry and had paid half the costs of the inquiry. 

Chandrika Kumaratunga and Yasasiri Kasturiaarachchi

The President told only half the truth. She said that there was an inquiry but gave the public perception that the inquiry was one-sided and that the bank's board of directors were being pressurised by the inquiry report.

The President did not acknowledge that the bank had agreed to the inquiry and its senior staff had taken part in the conduct of the inquiry for over six weeks and that the inquiry report was a joint effort at possible settlement of this longstanding dispute between People's Bank and its customer, Yashodha Holdings.

Another important fact that the President's communiqu did not reveal was that the bank's facilities to Yashodha Holdings were given during her period when she had full control over the bank as finance minister and that the bank's chairman at that time was none other than Dr. Gamini Fernando, a Central Bank economist, who had been handpicked by the President herself to be the chairman of the bank.

 It is well known that it was Dr. Fernando who had persuaded Kumaratunga to promise bread at Rs. 3.50 to the people at the August 1994 general elections.

Neither did the President reveal that Yashodha had given generously to the PA coffers, particularly for the Sudu Nelum Campaign she launched.

Political gimmick

Having created the perception an underhand deal was afoot, based on a false premise that Finance Minister K.N. Choksy had approved the waiving off of millions of rupees, the PA even lodged a complaint with the Bribery Commission the previous week as a political gimmick.

Now, we refer to the double standards of the President. The Sunday Leader has received evidence that in September 1996, when the President was also holding the finance ministry portfolio and serving as both the President and the finance minister, she had taken a decision to fully write off over Rs. 650 million due as interest to the People's Bank from the Dasa Group of Companies, whose owner and proprietor, S.D. Gunadasa was a long time political supporter of the Bandaranaike family and the Sri Lanka Freedom Party (SLFP). The Dasa Supermarket at Colpetty established in early 1977 was one of Sri Lanka's first supermarkets. At that time 'Dasa Mudalali,' as S.D. Gunadasa was popularly called, advertised his supermarket as a 'one stop shop.'

In the early part of 1995, the Dasa Group of companies owned and controlled by S.D. Gunadasa was heavily in debt to the People's Bank from which they had borrowed heavily to run and operate their several business enterprises. Among these business entities were Dasa Textile Ltd., Dasa Industries and Duro Synthetic Textile Mills Ltd. The balance outstanding to the People's Bank from the Dasa Group of Companies was Rs. 845 million plus interest amounting to Rs. 656 million - making a total of Rs. 1501 million or Rs. 1.5 billion.

Interest written off

S.D. Gunadasa appealed to the President who was also the finance minister then. At a meeting held on September 19, 1996 at Temple Trees chaired by Kumaratunga both in her capacity as President and Finance Minister, it was decided to write off the total interest due to the People's Bank by the Dasa Group. That is a sum of Rs. 656 million. It was also decided that the Urban Development Authority (UDA) should return to the Dasa Group a land comprising in extent 22 acres situated at Peliyagoda plus another property at Borella junction. The UDA was directed to return both these valuable properties to S.D. Gunadasa.

This was not all.  The same meeting at Temple Trees chaired by the President also directed that the Dasa Group of Companies be issued with a fresh garment export quota by the Industrial Development Ministry and that that Ministry should give all necessary assistance to the Dasa Group to revive the production lines of their garment business.

One may wonder as to how the President could have taken all these decisions by herself at a Temple Trees meeting.  Unlike in the Yashodha dispute where the recent inquiry report has been submitted to the bank's board for consideration, in the Dasa Group of Companies, the President unilaterally decided to write off all interest owed by the Dasa Group to the bank which was well over Rs. 650 million. The decision to write off interest due from a customer can only be taken by the bank's board at a properly constituted meeting but here a single individual decided on the matter.

Double standards

In addition to writing off the total interest, the Dasa Group was helped by the President by the grant of valuable land belonging to the state and also by the issue of fresh garment quotas over and above the quotas already given.

The above decisions show the double standards of President Kumaratunga - depending on the political alliance or allegiance of the customer. A huge helping hand to Dasa and contempt and vilification for Yashodha.

And to top it all, the President speaks of corrupt deals with moral indignation. So much for Kumaratunga's righteousness. Over to the Bribery Commission.

CBK caught in black and white 

Finance Minister,
Finance and Planning Ministry,
The Secretariat, Colombo 01.
 

Your Excellency,

Dasa Group of Companies

Rescheduling of non-performing facilities and
 granting of fresh facilities - People's Bank.

1. The facilities granted to the Dasa Group of Companies by the People's Bank have been transferred to the non-performing category and the position as at 31.12.98 is as follows.

 Name of the Borrower            Amount granted      Balance o/s           Accrued Int. as                                                                                        as at 31.12.98        at 31.12.98 at
                                                                                                        normal rate
Dasa Textile mills Ltd.                12.50m                  20.40m               25.22m

Mr. S. D. Gunadasa                   125.00m                128.14m              118.79m

Deutsch Lanka Textile Mills Ltd   449.20m                456.56m             305.50m

Dasa Industries                           81.31m                    79.01m            93.92m

Duro Synthetic Textile Mills Ltd   192.05m                  160.39m            112.70m

                                                 862.06m                   844.50m            652.13m

2. Recovery position

The bank approved proposals for rescheduling of the above facilities. However, these proposals could not be implemented due to the delay in fulfilling the required conditions by the company. Thereafter, several discussions were held with the company requiring the repayment programme but no satisfactory progress was made.

Subsequently, a meeting was held at Temple Trees on September 19, 1996 chaired by Your Excellency to finalise a repayment programme relating to the said facilities. The decisions arrived at this meeting were as follows:

i) Action should be taken by the UDA to return the 22 acre land at Peliyagoda and the property at Borella junction to Chairman, Dasa Group of Companies, Mr. S.D. Gunadasa.

ii) The total interest due on the company be written off by the bank.

iii) The company should pay at least 10% of the loan capital to the bank. It was suggested to sell the property at Borella after receiving it back from the UDA to raise funds for this purpose.

iv) The outstanding loan balance after paying 10% as stated above should be rescheduled by the bank in consultation with the company.

v) The company should be issued with fresh garment export quota by the Industrial Development Ministry and facilitate with all necessary assistance to revive the production line and the business.

3) The land at Borella referred to in para 2(i) above has been divested in the company as per the Gazette extraordinary notification no. 1027/15 of May 15, 1998. However, since the company has not taken action to pay the 10% of non-performing outstanding as stated under para 2 (iii) above, the bank could not implement the proposed rescheduling programme.

4) As the company did not respond positively to implement the rescheduling programme agreed upon at the meeting held at Temple Trees on September 19, 1996 the bank served letters of demand on September 2, 1998. On receipt of the letters of demand, the company has come forward once again to negotiate with the bank, for a repayment programme. Accordingly, another discussion was held at Temple Trees on October 7, 1998, chaired by Coordinating Secretary to the President, Mr. Sarath Gonagala and in consequence the company has requested the following by their letter dated October 7, 1998.

a) A loan facility for the purpose of paying 10% of the capital outstanding as agreed at the meeting on September 19, 1996 against the mortgage of the property.

b) To write off all accrued interest upto date, on the loan outstanding.

c) Granting of fresh bank facilities to revive the closed-down and existing business operations and.

d) Rescheduling of the balance outstanding i.e. 90% of the nonperformance outstanding at a concessionary rate of interest.

The above requests were considered by the board of directors of the bank and it was decided to refer the matter for Your Excellency's attention, in view of the following:

i) In terms of the agreement signed between the government of Sri Lanka and the People's Bank in 1998, fresh facilities cannot be considered for customers whose facilities are in the non-performing category.

ii) If a loan is granted to repay 10% of the capital outstanding in order to meet the required condition for rescheduling the non-performing facilities, it cannot be considered as a repayment by the borrower.

iii) Granting of fresh facilities as requested by the company will be subject to single borrower exposure limit of the bank, which is Rs. 1,025 m. The total group exposure presently stands at Rs. 844.5 m. Moreover the bank cannot consider fresh facilities due to the poor performance of the company.

iv) The forced sale value of the properties already mortgaged to the bank as security for these facilities is Rs. 870 m. The property situated at Borella which is to be mortgaged has been valued at Rs. 115 m. The bank considers facilities upto a maximum of 50% of forced sale value of the property under normal circumstances and 60% under special circumstances.

6. In view of the foregoing, we seek a directive from Your Excellency, in the capacity of Finance Minister, in terms of Section 42 A of the People's Bank Amendment Act No 61. of 1980, in regard to the request made by the Dasa Group of Companies.

Yours faithfully, 

Gamini Fernando
Chairman

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