Agi Milk v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.5599 of 2020 and W.M.P.(MD)No.4903 of 2020 AGI Milk, Represented by its Proprietor, Akilandeswari ... Petitioner -Vs1.The Chairman, State Bank of India, New Delhi.

2.The General Manager, State Bank of India, Chennai.

3.The Deputy General Manager, O/o.The Deputy General Manager, State Bank of India, Trichy, Trichy District. 4.The Assistant General Manager, O/o. The Assistant General Manager, State Bank of India, Thanjavur Main Branch, Thanjavur.

5.The Branch Manager, State Bank of India, Thanjavur Main Branch, Thanjavur.

6.The Branch Manager, The Tamilnadu Industrial Investment Corporation Ltd., A Government of Tamilnadu Undertaking, No.2854, NGK Apartment, Najikkottai Road, Thanjavur-613 001.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 5th respondent vide his proceedings Nil dated

03.03.2020 and quash the same as illegal and consequentially, to direct the 5th respondent Bank to credit the subsidy amount of Rs.24,79,188/- along with its accrued interest towards the Cash Credit Account No.36692510530 of the petitioner available in the 5th respondent Bank in the name of the petitioner's company.

For Petitioner : Mr.R.Narayanan For R1 to R5 : Mr.Ananth C.Rajesh For R6 : Mr.R.Saravanan

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Challenging the order of the 5th respondent dated 03.03.2020, this Writ Petition is filed with a consequential direction to the 5th respondent to credit the subsidy amount of Rs.24,79,188/- along with accrued interest towards the Cash Credit Account No.36692510530 of the petitioner available in the 5th respondent Bank in the name of the petitioner's company. 2.Today, when the matter is taken up for hearing, the learned counsel for the respondent Bank submitted that the subsidy amount is credited in the

account of the petitioner. Therefore, the prayer sought for by the petitioner has now become infructuous and apart from that the respondent Bank offered the scheme of One Time Settlement to the petitioner. However, the same has not been complied with by the petitioner.

3.Recording the aforesaid submission made by the learned counsel for the respondent Bank, this Writ Petition stands dismissed as infructuous. It is for respondent Bank to initiate action for recovery of the amount from the petitioner in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 07.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.5599 of 2020 07.02.2023