M/S. Hateme Plastic Industries v. The Development Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.33938 of 2014 and M.P.No.1 of 2014 M/s.Hateme Plastic Industries, Rep by its Partner, Mr.S.Juzer, Plot No.3, Block No.7, Kodungaiyur Industrial Estate, Phase-II, Muthamizh Nagar, Chennai - 600 118.
... Petitioner Vs 1.The Development Commissioner, Ministry of Micro, Small and Medium Industries, Government of India, Nirman Bhavan, 7th Floor, Moulana Azad Road, New Delhi - 110 108.
2.The Zonal Manager, Bank of India, Chennai Main, Errabalu Chetty Street, Chennai - 600 001.
3.The Chief Manager, Bank of India, Kodungaiyur Branch, No.3, Ethiraj Swami Salai, M.R.Nagar, Kodungaiyur, Chennai - 600 118.
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4.The Chief Manager (TUFS CELL), Bank of India, 70-80, M.G.Road, Post Box No.238, Fort, Mumbai - 400 001.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to process the application of the petitioner dated 20.03.2013, submitted along with all necessary annexure and grant Credit Linked Capital Subsidy to the petitioner Industry on the Term Loan Account No.802130110000002, held with the 3rd respondent Bank. For Petitioner : Mr.V.Manisekaran For Respondents : No Appearance for R1 & R4 Mr.S.Vasudevan Special Government Pleader for R2 & R3
ORDER
This writ petition has been filed for a mandamus, to direct the respondents to process the application of the petitioner dated 20.03.2013, for Credit Linked Capital Subsidy to the petitioner Industry on the Term Loan sanctioned by the 2nd and 3rd respondents on 13.01.2021 for a sum of Rs.52,00,000/- (Rupees Fifty Two Lakhs Only). 2/6
2.It is the specific case of the petitioner that the petitioner has purchased machinery worth of Rs.70,05,651/- (Rupees Seventy Lakhs Five Thousand Six Hundred and Fifty One Only) and thereafter applied for credit linked capital subsidy with the 1st respondent. It is submitted that all the papers were routed through the 3rd respondent. It is further submitted that 3rd respondent also acknowledged the receipt of the same on 05.04.2013 vide Term Loan Account No.802130110000002.
3.The petitioner's specific case is that despite having submitted that application for grant of credit linked capital subsidy amounting to 15% of the loan amount, the 1st respondent has not considered the same. 4.It is further submitted that petitioner has been sending repeated reminders to the 2nd and 3rd respondents/Bank. However, no subsidy has been granted. The petitioner has sent a representation dated 13.05.2014 to the 1st respondent with a request to process the petitioner's application dated 20.03.2013 for grant of credit linked capital subsidy on the term loan sanctioned by the 2nd and 3rd respondents under Term Loan Account No.802130110000002. The petitioner is entitled for a fair consideration of the 3/6
application filed on 23.03.2013 routed through the 3rd respondent to the 1st respondent. In any event, the petitioner has sent a representation on 13.05.2014 to all the respondents. However, it has not evoked any response barring E-mail response dated 19.05.2014 from the 3rd respondent. 5.Considering the above, I am inclined to dispose this writ petition by directing the 1st respondent to consider and pass appropriate orders on the petitioner's application for the aforesaid subsidy dated 20.03.2013 after obtaining necessary inputs from the 3rd respondent/Bank within a period of three months from the date of receipt of a copy of this order. In case, subsidy is to be denied to the petitioner on any substantial or technical grounds, the petitioner may be called for hearing.
6.Accordingly, this writ petition stands allowed with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
11.10.2022 Index: Yes/ No Internet : Yes/No jas 4/6
To 1.The Development Commissioner, Ministry of Micro, Small and Medium Industries, Government of India, Nirman Bhavan, 7th Floor, Moulana Azad Road, New Delhi - 110 108.
2.The Zonal Manager, Bank of India, Chennai Main, Errabalu Chetty Street, Chennai - 600 001.
3.The Chief Manager, Bank of India, Kodungaiyur Branch, No.3, Ethiraj Swami Salai, M.R.Nagar, Kodungaiyur, Chennai - 600 118.
4.The Chief Manager (TUFS CELL), Bank of India, 70-80, M.G.Road, Post Box No.238, Fort, Mumbai - 400 001.
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C. SARAVANAN, J.
jas W.P.No.33938 of 2014 and M.P.No.1 of 2014 11.10.2022 6/6