the applicant bank and hence no claim exists, and due to inability of bank to sell the machinery, she had unnecessarily to pay Rs.3O,0OO/- per month towards rent. I have perused the material brought on record. Admittedly the defendant availed cash credit loan of Rs.3.75 lakhs and term loan facility of Rs.43.29 lakhs, incurred business losses due to various factors and there was irregularity in repayment. AW-1 has been cross-examined by learned counsel for defendant, but nothing elicited and established disproving the OA claim or veracity of documents marked by the applicant bank. Though AW-1 accepted receipt of subsidy an amount of Rs.20,00,300/-, he said the same had been credited to term loan account. However, learned counsel for the bank while relying on the guidelines meant for MSMEs under the Credit Guarantee Fund Scheme, contended that the subsidy amount after recovery, has to be refunded to the Trust after adjusting legal costs. A perusal of the guidelines confirms that the amounts recovered shall have to be paid to the Trust after adjusting defrayed legal costs. Hence the question of set ement of OA claim does not arise.
