Court No. - 29
Case :- WRIT - C No. - 2110 of 2019 Petitioner :- Rachna Tyagi Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Ajitam Srivastav,Satyendra Nath Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C.,Sabhajeet Singh,Tarun Varma
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner and Sri Tarun Varma, learned counsel appearing for Oriental Bank of Commerce.
The application of the petitioner for grant of loan under the Prime Minister Mudra Yojna was duly forwarded by the Zila Udyog Evam Udyam Protsahan Kendra, Meerut to the Oriental Bank of Commerce for the purposes of sanction and disbursement of the loan.
The bank, vide its order dated 4.12.2018, has refused to sanction and disburse the loan to the petitioner holding that the scheme as envisaged by the petitioner is not viable and, therefore, the competent authority has rejected her proposal. The detailed reasons for holding the scheme to be not viable has been separately communicated to the petitioner.
In view of the aforesaid facts and circumstances, if the scheme is not found to be viable, the Court cannot compel the bank to sanction and disburse the loan. The submission of the counsel is that the bank has incorrectly held the scheme to be not viable is not tenable.
The Court in exercise of its discretionary jurisdiction is not supposed to go into the merits and demerits of the viability of the scheme, which is a technical matter. There is no provision, which mandates that once the papers have been forwarded to the bank, the bank is bound to sanction and disburse the loan.
In view of the above, we find no merit in the petition and the same is dismissed.
Order Date :- 29.1.2019 AKJ