Nandanam Tiles And Sanitaries PVT. LTD. vs. Reserve Bank Of INDIA - Kerala High Court, 19 November 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA THUR AY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942 WP(C).No.24693 OF 2020(J) PETITIONERS: 1 M/S.NANDANAM TILES AND SANITARIES PVT. LTD., SREE DHARMASASTHA BUILDING, KUNNAMKULAM ROAD, NEAR SOBHA CITY, PUZHAKKAL P.O., THRISSUR-680 003 REPRESENTED BY ITS MANAGING DIRECTOR. 2 MYLATH SANDEEP, AGED 49 YEARS S/O. NARAYANAN KUTTY, PROPRIETOR M/S. NANDANAM SANITARIES, NEAR SOBHA CITY, KUNNAMKULAM ROAD, PUZHAKKAL P.O., THRISSUR-680 003. 3 DEEPA P AGED 42 YEARS W/O MYLATH SANDEEP, RESIDING AT MYLATH HOUSE, KANNAPURAM, CHETTUPUZHA P.O., THRISSUR-680 012. BY ADVS. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.P.I.NAJUMAL HUSSAIN SMT.NEENU PAVITHRAN RESPONDENTS: 1 RESERVE BANK OF INDIA REGIONAL OFFICE, TRIVANDRUM, BAKERY JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM-695 033 REPRESENTED BY ITS REGIONAL DIRECTOR. 2 NATIONAL CREDIT GUARANTEE TRUSTEE COMPANY LTD. MINISTRY OF FINANCE, GOVERNMENT OF INDIA, HAVING ITS REGISTERED OFFICE SWALAMBAN BHAVAN, C11, G BLOCK, BANDRA KURLA COMPLEX, BANDRA E, MUMBAI-400 051 REPRESENTED BY ITS MANAGING DIRECTOR. 3 SOUTH INDIAN BANK LTD., M.G.ROAD BRANCH, M.G.ROAD P.B.NO.70, AMBIKA ARCADE, M.G.ROAD, THRISSUR-680 001 REPRESENTED BY ITS CHIEF MANAGER.

WP(C).No.24693 OF 2020(J) 2 4 SOUTH INDIAN BANK LTD SIB HOUSE, T.B.ROAD, P.B.NO.28, MISSION QUARTERS, THRISSUR-680 001 REPRESENTED BY ITS MANAGING DIRECTOR. 5 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCIAL SERVICES, 3RD FLOOR, JEEVANDEEP BUILDING, SANSAD MARG, NEW DELHI-110 001. OTHER PRESENT: ASGI- SRI. P.VIJAYAKUMAR, SC, SIB-SRI.GEORGE VARGHESE SRI.SUNIL SANKAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.24693 OF 2020(J) 3 J U D G M E N T This writ petition is filed seeking directions to respondents 3 and 4 to grant the benefit under the Emergency Credit Line Guarantee (ECLG) Scheme to 1st petitioner. The Scheme is available only till 30.11.2020. According to the petitioners, 1st petitioner is entitled to the benefit of the said Scheme. Ext.P9 Email, has been produced claiming that petitioner has already approached the Bank requesting for the benefits under the said Scheme.

Shri Sunil Sankar, learned Standing Counsel for respondents 3 and 4 submitted that the application submitted by the petitioner would be considered. It is stated that on receipt of clarification sought by the respondents, they are considering the same and it is under process.

Therefore a decision shall be taken on the request of the petitioner for the benefit of the

WP(C).No.24693 OF 2020(J) 4 Scheme, by the respondents 3 and 4, within 'five days' from today. The writ petition is disposed of accordingly. P.V.ASHA, JUDGE AS

WP(C).No.24693 OF 2020(J) 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE RELEVANT PORTION OF THE ARTICLES OF ASSOCIATION OF THE FIRST PETITIONER COMPANY. EXHIBIT P2OF THE CERTIFICATE OF INCORPORATION DATED 23.6.2016 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA IN RESPECT OF THE FIRST PETITIONER COMPANY. EXHIBIT P3OF THE UDYOG AADHAR REGISTRATION CERTIFICATE ISSUED IN THE NAME OF THE FIRST PETITIONER COMPANY REGISTERING IT AS A MSME SHOWING DATE OF COMMENCEMENT AS 23.6.2016. EXHIBIT P4OF THE LETTER OF SANCTION DATED 20.12.2018 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXHIBIT P5OF THE LETTER OF SANCTION DATED 15.9.2020 ISSUED BY THE FOURTH RESPONDENT TO THE FIRST PETITIONER. EXHIBIT P6 THEOF THE EMERGENCY CREDIT LINE GUARANTEE SCHEME UPDATED AS ON 31.10.2020. EXHIBIT P7OF THE REGISTRATION CERTIFICATE UNDER THE GST VALID FROM 19.2.2018. EXHIBIT P8OF THE LETTER DATED 30.9.2020 ISSUED BY THE FIRST PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P9OF THE EMAIL DATED 7.11.2020 ISSUED BY THE FIRST PETITIONER TO THE 3RD RESPONDENT.