Calcutta High Court (Appellete Side)
Kc vs Union Of India & Ors on 18 September, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
94 W.P. No. 8627(W) of 2016
18.09.2018
Amarnath Dyeing & Bleaching Works Pvt. Ltd. & Anr.
KC Vs.
Union of India & Ors.
With
W.P. No. 8628(W) of 2016
Amarnath Dyeing & Bleaching Works Pvt. Ltd. & Anr.
Vs.
Union of India & Ors.
With
W.P. No. 8632(W) of 2016
Amarnath Dyeing & Bleaching Works Pvt. Ltd. & Anr.
Vs.
Union of India & Ors.
Mr. Nilay Sengupta.
... for the petitioner.
Mr. Goutam Chakraborty.
... for the respondent no. 3.
Mr. Goutam Chakraborty.
... for the Union of India.
The petitioner seeks a direction upon the respondent no. 2 to consider and decide the demand for immediate disbursement of 5 per cent interest reimbursement and 10 per cent credit linked capital subsidy under the Technology Upgradation Fund Scheme.
Learned advocate for the petitioner draws the attention of 2 the Court to a writing dated March 16, 2016 in which, the respondents has taken a stand that, since at that material point of time, West Bengal Financial Corporation who had sanctioned the term loans under reference did not submit the claims within the stipulated period of time, as such, the claims have been treated not to be pending with the office of the Ministry of Textiles.
The respondents are represented.
The Ministry of Textiles is yet to take a decision on the entitlement of the petitioner under the Technology Upgradation Fund Scheme of the two heads as claimed by the petitioner. It would be appropriate to direct the respondent no. 2 to consider and decide the claim made by the petitioner, in accordance with law, as expeditiously as possible, and preferably within a period of six weeks from the date of communication of this order to him. Needless to say that, the respondent no. 2 will afford a reasonable opportunity of hearing to the petitioner before passing the reasoned order. The respondent no. 2 is at liberty to hear such other parties and consult such documents, that he deems necessary. The respondent no. 2 will communicate his reasoned order to the parties he has heard forthwith thereafter. He will not reject the claim on the ground that, the claim was not lodged by WBFC.
W.P. No. 8627(W) of 2016, W.P. No. 8628(W) of 2016 and W.P. No. 8632(W) of 2016 are disposed of.
There shall, however, be no order as to costs.
3Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)