Hytone Merchants Private Limited v. The Reserve Bank Of India And ORS.

ORDER SHEET WPO NO.458 OF 2020

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE HYTONE MERCHANTS PVT. LTD.

Versus

THE RESERVE BANK OF INDIA & ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 7th January, 2021 Appearance :

Ms. Saheli Sen, Mr. Rajib Mullick, Mr. Rakesh Sarkar, Advs., for the petitioner.

The Court :

The petitioner is directed to file a properly affirmed affidavit of service during the course of the day.

The innocuous prayer of the petitioner is for consideration by the respondent no.2 of the representation made by the petitioner, annexed to the present writ petition, regarding extension of the benefits stipulated in the Reserve Bank of India Circular dated August 2020 in respect of MSMEs. Learned Counsel submits that the petitioner squarely falls within the purview of such Circular and, as such, is entitled to such consideration. Be that as it may, the merits of the petitioner's case regarding the said Circular being attracted need not be gone into at this stage. In view of the innocuous nature of the order proposed to be passed, the matter need not wait for the respondents to appear. Accordingly, WPO No.458 of 2020 is disposed of by directing the respondent no.2 to consider the petitioner's representation for restructuring of advances within the purview of the Circular dated August 2020, issued by the Reserve Bank of India keeping in view the pandemic situation.

The petitioner shall serve a fresh copy of the writ petition, along with the server copy of this order, on respondent no. 2 at the earliest to ensure due compliance of the order.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities. (SABYASACHI BHATTACHARYYA, J.) S.Das AR[CR]