RAJA TYRES Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition has been preferred for a direction upon the respondents to provide subsidy to the petitioner under Interest Subsidy Scheme,1993, as the respondents have provided the benefit of the Interest Subsidy Scheme,1990 only vide their communication dated 21.9.1994.

(3.) THE respondents have appeared and filed their counter affidavit wherein it has been categorically stated that the Central Interest Subsidy Scheme,1993 remained into force upto March,1995 and the petitioner had been granted the benefit of interest subsidy scheme in September,1994 itself and thereafter he did not approach to the Bank to submit any claim. It is further submitted that the claim of the petitioner was forwarded to the head office for realization of the amoiunt of Rs.99,740/- and the petitioner accepted the same in the year 1994 itself after closure of the scheme in March,1995. For the first time the petitioner represented before the Reserve Bank of India wherein the respondent-Bank was asked to look into the claim of the petitioner on his representation and the same was looked into and relying upon the letter dated 11.4.2002 as contained in Annexure A to the counter affidavit, it is stated that subsidy amount of Rs.99,740/- was already credited in ODS Account No.2/90 of M/s Raja Tyres on 21.9.1994 and was duly intimated about the subsidy available to him by Dhanbad Branch. The respondents further submits that after 21.9.1994 the loan account has been closed and at this belated stage there cannot be any question of further refund, as the scheme itself was closed in 1995 itself.