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The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records from the 2nd respondent, Deputy Director (CLCSS) in the Office of the Development Commissioner, Ministry of Micro Small & Medium Enterprises on New Delhi relating to an order dated 02.11.2015 by which order the 2nd respondent had reused to release subsidy to the petitioner and to set aside the said order and direct the said respondent to release subsidy of a sum of Rs.15,00,000/- to the petitioner since the petitioner is a registered SSI Unit.

2.The grievance of the petitioner is that in order to upgrade the technology in printing the petitioner had approached the 5th respondent, Indian Bank for financial assistance. A term loan had also been sanctioned for a sum of Rs.1,35,00,000/- on 18.02.2011 under the CLCSS Scheme. The loan amount was also disbursed on 18.11.2011. The printing machines were also purchased and supplied to the petitioner herein. The petitioner claims that they had repaid the loan without any default. In the meanwhile, the petitioner came to understand that the 1st respondent, Ministry of Micro, Small & Medium Enterprises at New Delhi had introduced a Scheme called Credit Linked Capital https://www.mhc.tn.gov.in/judis Subsidy Scheme (CLCSS). The petitioner had applied seeking benefit under the said Scheme. That was refused by the impugned order. Questioning that refusal, the writ petitioner has filed the present writ petition.

“2.Your case has been examined in this office. The extent procedures and prudency would not allow it to be considered for release of subsidy under CLCSS”.

5.An order of the similar nature had been examined by a learned Single Judge of this Court in WP.No.6878 of 2017, Chennai Expo Prints Pvt.Ltd., vs. Government of India and Another, wherein, the learned Single Judge had examined the nature of order passed and had come to a conclusion that the order https://www.mhc.tn.gov.in/judis suffers since no reasons had been given in the order. The learned Single Judge had rejected the reason advanced in the counter affidavit and was of the opinion that any reason passed by the respondents should form part of the order itself. Accordingly, the learned Single Judge had remanded the matter back to the 2nd respondent for better appreciation of the facts and for passing a fresh order with reasons. The operative portion of the aforementioned order is extracted below:

2.Deputy Director (CLCSS) Office of the Development Commissioner Ministry of Micro Small & Medium Enterprises(MSME) Nirman Bhawan, 7th Floor Maulana Azad Road New Delhi 110 108.

3.The Chief General Manager Small Industrial Development Bank of India SIDBI Tower, 15 Ashok Marg Lucknow-226001.

4.The Regional General Manager Indian Bank of India No.55, Ethiraj Salai Egmore Chennai 600 108.