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Dalpan vs The General Manager (Advance)

Madras High Court|23 November, 2017

JUDGMENT / ORDER

By consent, this writ petition itself is taken up for final disposal.
2. Heard the learned counsel on either side.
3.It is the case of the petitioner that the he availed loan for a sum of Rs.12,10,000/- from the third respondent Bank on 06.04.2011, for purchasing Escorts 12 Ton Hydra Crane. Due to loss in his business, he decided to sell the said vehicle. Accordingly, he sold the said vehicle for Rs.6,00,000/- after obtaining No Objection from the respondents and credited the said amount to his loan account on 22.05.2014. As per a scheme namely, Credit Guarantee Fund Trust Scheme for Micro and Small Enterprises (CGTMSE), if the entire vehicle loan amount could not be discharged even after selling the vehicle, the balance amount should be discharged by the Bank. The third respondent is taking steps to attach the movables and immovables of the petitioner. Therefore, the petitioner submitted a representation dated 14.06.2017 to the third respondent, for discharging the loan amount under the said scheme. Since the same has not been considered so far, the petitioner is before this Court.
4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to consider the application/representation of the petitioner dated 14.06.2017 and pass suitable orders thereon, on merits and in accordance with the Credit Guarantee Fund Trust Scheme for Micro and Small Enterprises (CGTMSE), within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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Title

Dalpan vs The General Manager (Advance)

Court

Madras High Court

JudgmentDate
23 November, 2017