Xavier .O.P vs Union Of India
2023 Latest Caselaw 3642 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                         W.P.(C) NO.18029 OF 2022
PETITIONER:

              XAVIER O.P.,
              AGED 72 YEARS, S/O. PAILY XAVIER, PROPRIETOR,
              THUSHARA, MARBLES AND GRANITE PALACE,
              ARUMURIKKADA, KUNDARA, KOLLAM-691 501.

              BY ADV R.KISHORE (KALLUMTHAZHAM)



RESPONDENTS:

     1        UNION OF INDIA
              TO BE REPRESENTED BY SECRETARY,
              DEPARTMENT OF ECONOMIC AFFAIRS,
              MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001.

     2        SECRETARY,
              MINISTRY FOR MICRO, SMALL AND MEDIUM ENTERPRISES,
              GOVERNMENT OF INDIA, UDYOG BHAVAN, NEW DELHI -110 011.

     3        CHIEF EXECUTIVE OFFICER,
              CREDIT GUARANTEE FUND TRUST FOR MICRO AND SMALL
              ENTERPRISES (SET UP BY GOVERNMENT OF INDIA AND SIDBI)
              7TH FLOOR, SWAVALAMBAN BHAVAN, AVENUE 3, LANE 2,
              BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI-400 051.

   * 4        CHAIRMAN & MANAGING DIRECTOR,
              SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, TOWER,
              15- ASHOK MARG, LUCKNOW, UTTARPRADESH-226 001.

     5        THE REGIONAL DIRECTOR ,
              RESERVE BANK OF INDIA,
              BAKERY JUNCTION, P.B NO.6507,
              THIRUVANANTHAPURAM-695 033, INDIA.
                               -2-
W.P.(C) NO.18029 OF 2022

     6     CHIEF EXECUTIVE OFFICER,
           SOUTH INDIAN BANK,
           HEAD OFFICE, T.B.ROAD, MISSION QUARTERS,
           THRISSUR-680001.

     7     REGIONAL MANAGER,
           SOUTH INDIAN BANK, DOOR NO.9/839/A1-A9,
           SOUTH INDIAN BANK BLDG, INFOPARK ROAD,
           KAKKANAD, RAJAGIRI VALLEY, PINCODE-682 039.

     8     BRANCH MANAGER,
           SOUTH INDIAN BANK, KALLARACKAL BUILDING,
           MUKKADA JUNCTION, KUNDARA, KOLLAM-691 501.

           BY ADVS.
           ANILKUMAR C.R.
           SUNIL SHANKAR A
           VIDYA GANGADHARAN(K/000424/2020)

           THE 4TH RESPONDENT IS DELETED FROM THE PARTY ARRAY
     *
           AS PER ORDER DATED 29.03.2023 IN I.A. NO.1 OF 2023

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                      -3-
W.P.(C) NO.18029 OF 2022


                              JUDGMENT

Dated this the 29th day of March, 2023

This writ petition is filed by the petitioner seeking the

following reliefs;

"a) Issue a writ of mandamus or order or direction to the 8th respondent to grant the CGSSD loan to the petitioner as per Exhibit:P1 within a time fixed by this Ho'ble Court.

b) Issue a writ of mandamus or order or direction directing the 2nd and 3rd respondent to consider and pass orders on Exhibit:P10 and Exhibit P11 representation within a time frame fixed by this Hon'ble Court in the interest of Justice.

c) To grant other orders which this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. Although various contentions are raised, the

learned Counsel for the petitioner submitted that it would

suffice if a direction is issued to the 3 rd respondent, i.e., the

Chief Executive Officer, Credit Guarantee Fund Trust for

W.P.(C) NO.18029 OF 2022

Micro and Small Enterprises, Bandra, Mumbai to consider

Ext.P11 representation submitted by the petitioner.

After having heard the learned Counsel for the

petitioner Sri. Kishore R., the learned DSGI Sri. Manu S.

and the learned Standing Counsel for the South Indian Bank

- respondents 6 to 8 Sri. Sunil Shanker, there will be a

direction to the 3rd respondent to finalise Ext.P11

representation submitted by the petitioner at the earliest, at

any rate, within a month from the date of receipt of a copy

of this judgment.

Sd/-

SHAJI P. CHALY JUDGE bpr

W.P.(C) NO.18029 OF 2022

APPENDIX OF WP(C) 18029/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CIRCULAR NUMBERED AS 170/2020-21 ISSUED TO ALL COMMERCIAL BANKS BY THE 3RD RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE NEWS PUBLISHED BY FINANCIAL EXPRESS DATED MARCH 14/2022 REGARDING THE SCHEME AND ITS EXTENSION.

Exhibit P3 THE TRUE COPY THE RELEVANT PAGES OF THE GUIDELINES ISSUED BY THE MINISTRY FOR MICRO SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA WITH EFFECT FROM 24TH JUNE 2020.

Exhibit P4 THE TRUE COPY OF THE LOAN APPLICATION DATED 25.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT.

Exhibit P5 THE TRUE COPY REMINDER SUBMITTED BY THE PETITIONER DATED 11.09.2020 BEFORE THE 8TH RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE LETTER ISSUED BY THE 8TH RESPONDENT BANK DATED 21.8.2020 STATING THAT THE PETITIONERS ACCOUNT US SMA-2 AS ON 29.2.2020.

Exhibit P7 THE TRUE COPY OF THE LETTER ISSUED BY THE 8TH RESPONDENT DATED 16.9.2020 DECLINING THE REQUEST OF THE PETITIONER.

Exhibit P8 THE PETITIONER HAD SUBMITTED A REPRESENTATION TO THE UNION FINANCE MINISTER DATED 22.08.2020.

Exhibit P8(A) THE TRUE COPY OF THE BANK STATEMENT OF THE PETITIONER DATED 1ST JANUARY 2020 TO 31ST MARCH 2020.

W.P.(C) NO.18029 OF 2022

Exhibit P8(B) THE TRUE COPY OF THE PETITIONERS BANK STATEMENT WITH THE 8TH RESPONDENT BANK 31ST MARCH 2018.

Exhibit P8(C) THE TRUE COPY COPY OF THE RELEVANT PAGES OF THE PETITIONERS BANK STATEMENT DATED 1ST JAN 2019 TO 31ST MARCH 2019.

Exhibit P9 THE TRUE COPY OF THE LETTER ISSUED TO THE 8TH THE RESPONDENT BANK BY THE PETITIONER DATED 18.05.2022.

Exhibit P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 24.05.2022.

Exhibit P11 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 24.05.2022.