High Court of DelhiW.P.(C)/5151/2016

Bgk Infrastructure Developers Pvt Ltd v. Union Of India And ORS

2016-05-31Hon'Ble Mr. Justice Manmohan2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5151/2016 & C.M.No.21395/2016 BGK INFRASTRUCTURE DEVELOPERS PVT LTD ..... Petitioner Through Mr.Akhil Sibal with Ms.Vidhi Goel and Mr.Pradeep, Advocates.

versus UNION OF INDIA AND ORS ..... Respondents Through Mr.Anurag Ahluwalia, CGSC with Mr.Sarfaraz Ahmad, Ms.Srishthi Benerjee, Advocates for R- 1 & 2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.05.2016 Present writ petition has been filed seeking a direction to respondents No.1 to 3 to allow the proposal-cum-claim submitted by respondent No.4 for grant of subsidy to petitioner under Grameen Bhandaran Yojana.

Learned counsel for petitioner states that respondent No.2 started a scheme of Scientific Warehousing to decrease deterioration and wastage of agricultural products. He states that the petitioner availed a loan from respondent No.4-Bank to establish three warehouses under the said Scheme. According to learned counsel for petitioner, all the warehouses are functional as on date and are being utilized. He contends that non-release of subsidy is causing immense financial distress to the petitioner. He submits that subsidy under the Scheme has been released to similarly placed persons.

Learned counsel for respondent nos. 1 & 2 who appears on advance notice states that respondent no.4-Bank has been advised by the respondent no.3 to sanction additional term loan for the petitioner's project and submit the revised advance subsidy claim. A copy of letter dated 22nd June, 2015 written by respondent no.3 to respondent no.4Bank has been handed over by learned counsel for respondent nos. 1 & 2 today in Court and the same is taken on record. Keeping in view the aforesaid, this Court disposes of the present writ petition by directing the respondent no.3 to decide the representations/letters written by respondent no.4-Bank on 2nd June 2015 (at pages 236-238 of the paper book) as well as on 10th May, 2016 (at pages 262-264 of the paper book) within a period of 12 weeks.

Learned counsel for the petitioner is directed to forward a copy of this order along with the paper book to both the respondent no.4Bank as well as respondent no.3. This Court, however, clarifies that it has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open.

Order dasti.

MANMOHAN, J MAY 31, 2016 KA