Rajasthan High Court - Jodhpur
Chairman Processors Ltd vs The Union Of India on 26 November, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3287/2019
Chairman Processors Ltd., (A Company Incorporated Under The
Provisions Of Indian Companies Act, 1956) Through Its Director
Mukesh Agarwal S/o Shri Madanlal Agarwal, B/c Agarwal, Aged
About 51 Years, Having Its Registered Office At Dharam Kanta
Compound, Opposite Heera Panna Market, Pur Road, Bhilwara.
----Petitioner
Versus
1. The Union Of India, Represented By Secretary To
Government Ministry Of Textiles, New Delhi. 110 011.
2. The Textile Commissioner, Ministry Of Textiles Nishta
Bhavan, New Cgo Bldg. 48 New Marine Lines, Post Bag
No. 11500 Mumbai 400020.
3. Bank Of Baroda, Through Its Assistant General Manager,
Nagori Garden, Bhilwara 311001.
----Respondents
For Petitioner(s) : Mr. Himanshu Maheshwari
For Respondent(s) : Mr. Dhanesh Kumar Sarswat
Mr. Navneet Singh Brikh for Mukesh
Rajpurohit, ASG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/11/2021
The matter comes up on an application (inward no.01/2021)
under Order 8 Rule 1 of CPC.
Learned counsel for the petitioner prays that the matter may
be finally heard.
In light of such prayer, the application is dismissed as not
pressed.
With the consent of learned counsel for the parties, the
matter is finally heard.
(2 of 3) [CW-3287/2019]
Learned counsel for the parties jointly submit that the
controversy in-question is squarely covered by the judgment
passed by Hon'ble Bombay High Court at Nagpur Bench in the
matter of M/s Gimatex Industries Private Limited & Anr. Vs
The Union of India & Ors., in Writ Petition No.5055/2017,
decided on 03.01.2019, the relevant portion of the said judgment
reads as under :
"We, therefore, partly allow this petition and direct the
Government of India to consider the case of the
petitioner for grant of subsidy on the loan obtained from
the Bank of Baroda keeping in view the observations
made by this Court and after hearing the petitioners in
the matter. The petitioners and the Bank of Baroda to
make such a request within a period of two weeks from
today and the decision was thereafter be taken within a
period of eight weeks after granting the parties an
opportunity of being heard in the matter. The decision
shall be made by a reasoned order and the same shall be
communicated to the petitioners. All questions are left
open."
On such joint submission made by learned counsel for the
parties, the present petition is also disposed of while directing the
Government of India to consider the case of the petitioner for
grant of subsidy on the loan obtained from the Bank of Baroda
keeping in view the observations made by the Hon'ble Bombay
High Court, after giving proper opportunity of hearing to the
petitioner.
The petitioner shall move representation within a period of
two weeks from today alongwith the certified copy of this order, as
well as the order of Hon'ble Bombay of High Court. The Bank of
(3 of 3) [CW-3287/2019]
Baroda shall also be free to take its stand before the respondent
no.2. The respondent no.2 thereafter shall, after giving
opportunity of hearing to the Bank of Baroda as well as petitioner,
pass appropriate reasoned order within a period of three months
from receiving the representation of the petitioner.
All pending applications also stand disposed of accordingly.
(PUSHPENDRA SINGH BHATI),J
52-Sudheer/-
Powered by TCPDF (www.tcpdf.org)
