Goverdhan v. Reserve Bank Of India Head Office,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.04.2020
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR WP.No.7434 of 2020 Goverdhan ..
Petitioner
Versus
1. Reserve Bank of India Head Office New Central Office Building Shahid Bhagat Singh Road, Fort, Mumbai 400 001.
2. Reserve Bank of India No.16, Rajaji Salai, Fort Glacis Chennai 600 001.
3. The Ministry for Rural Industries Macro, Small and medium enterprises Industry Rajaji Salai, Fort St. George Chennai 600 001.
.. Respondents 1/6
PRAYER:- Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus directing the first respondent to exempt or postpone the EMI'S to be paid by the MSME entrepreneurs till the lift of the closure of the industries and bounce back to normal situation, which had been done as a preventive measure to ward off COVID-19 as per the Representation dated 18.03.2020. For Petitioner :
Mr.Infant Dinesh For RR 1 & 2 :
Mr.C.Mohan, Standing Counsel
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,] (1)The petitioner is running an Egg and Chicken Poultry in the name and style of ''Balaji Poultry Farm'' and he had also taken a Bank loan and claims that he has promptly repaid the equated monthly installments towards the said loan and successfully running the said business Establishment.
(2)It is the case of the petitioner that on account of the difficulties and hardships faced due to outbreak of Pandemic virus, viz., Covid-19, even large industries are struggling to keep their head above the water and therefore, Micro, Small and Medium Scale Industries are no exceptions. 2/6
(3)The learned counsel for the petitioner would submit that the petitioner, by way of public interest, has submitted a detailed representation to the concerned Hon'ble Ministers, praying for exemption of the persons who availed the loan from payment of equated monthly installments pertain to their MSME Units and other reliefs and since there was no response forth coming, the petitioner came forward to file this writ petition, styled as a Public Interest Litigation.
(4)Mr.C.Mohan, learned Standing counsel appearing for respondents 1 and 2 would submit that even before taking call on the representation, the petitioner has approached this Court by filing this writ petition on 19.03.2020 itself and on instructions, would submit that the Reserve Bank of India came out with two Circulars / Guidelines dated 27.03.2020 and 17.04.2020 respectively and the said Circulars/Guidelines deals with the generality in the difficulties faced by the industries and whatever grievances expressed by the petitioner, have been addressed already and if any further difficulties are faced, the Reserve Bank of India would take call at an appropriate time. The said submission, on instructions, is taken on file and recorded.
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(5)In the of the same, no further orders are necessary in this writ petition. Therefore, the writ petition is closed. No costs. [M.S.N.,J] [M.N.K., J] 23.04.2020 AP Internet : Yes 4/6
To
1. Reserve Bank of India Head Office New Central Office Building Shahid Bhagat Singh Road, Fort, Mumbai 400 001.
2. Reserve Bank of India No.16, Rajaji Salai, Fort Glacis, Chennai 600 001.
3. The Ministry for Rural Industries Macro, Small and medium enterprises Industry Rajaji Salai, Fort St. George Chennai 600 001.
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M.SATHYANARAYANAN, J., AND M.NIRMAL KUMAR, J., AP WP.No.7434 of 2020 23.04.2020 6/6