Guha Roy Food Joint And Hotel Private ... vs The State Of West Bengal & Ors on 30 March, 2023
23. The above reasons make it clear that the respondent FI had a duty
and an obligation to extend the benefit of the ECLGS to the petitioners at
the relevant point of time and its inaction and failure to do so makes the
impugned action amenable to interference by the Writ Court. The reasons
for which the writ petition has been held to be eligible are also to be referred
to in this context. This Court had passed the judgment on substantially
similar facts in Olive Tree Retail Private Limited vs. South Indian Bank
Limited; 2023 SCC OnLine Cal 143 with reference to the ECLGS. The
material shown to this Court by the respondent does not persuade this
Court to come to a different view in the present facts.