Disposed

Pallickamalil Cinema Company Private Limited v. Union of India

Kerala HC1 Sept 2021WP(C)/14460/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking a direction to the third respondent to reconsider the petitioner's application for benefits under the Emergency Credit Line Guarantee Scheme 3.0 within two weeks, after an interim order clarified eligibility.

What did the court decide?

Decision directed to be made within two weeks; reconsideration of application for ECLGS 3.0 benefits.

Pallickamalil Cinema Company Private Limited Vs Union of… — Banking and Recovery | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 1^ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WP(C) NO. 14460 OF 2021

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PETITIONERS:

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PALLICKAMALIL CINEMA COMPANY PRIVATE LIMITED ARAKKUNNAM P.O, ERNAKULAM DISTRICT,

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KERALA - 682313, REPRESENTED BY ITS DIRECTOR ABY TOM NICHOLSON.

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BY ADVS. JOB ABRAHAM AJAY V.ANAND P.S.SREE PRASAD

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI – 110001.

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2 NATIONAL CREDIT GUARANTEE TRUST CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN, SWAVALAMBAN BHAVAN, C-11, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI – 400051.

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W.P.(C) No.14460 of 2021

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3 BRANCH MANAGER HDFC BANK LIMITED, PETTAH BRANCH, ERNAKULAM – 682038.

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BY ADVS. M.A.SHAJI, CGC BINNY JOSEPH, SC P.SATHISAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.14460 of 2021

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W.P.(C) No.14460 of 2021

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J U D G M E N T

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The writ petition is instituted seeking directions to the third respondent to reconsider the application of the petitioner for the benefit under the Emergency Credit Line Guarantee Scheme (ECLGS) in accordance with its Operational Guidelines, Ext.P4 expeditiously, within a time limit to be prescribed by this Court.

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When this matter was taken up on 27.07.2021, the learned counsel for the third respondent pointed out that the only impediment in the matter of extending the benefit of ECLGS to the petitioner is the doubt as to whether cinema theaters would fall within the scope of ECLGS 3.0. This Court, in the circumstances, passed the following interim order on 27.07.2021.

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“The second respondent is directed to file a statement

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W.P.(C) No.14460 of 2021

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indicating whether cinema theaters would fall under Emergency Credit Line Guarantee Scheme 3.0 in terms of Ext.P4 guidelines.”

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Today when this matter was taken up, the learned counsel for the second respondent clarified that cinema theaters would also fall within the scope of ECLGS 3.0.

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In the light of the clarification aforesaid, there cannot be any impediment at all in the third respondent extending the benefit of ECLGS 3.0 to the petitioner. The writ petition is, therefore, disposed of directing the third respondent to consider the claim of the petitioner as expeditiously as possible, at any rate, within two weeks.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No.14460 of 2021

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APPENDIX OF WP(C) 14460/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF UDYAM REGISTRATION CERTIFICATE DATED 16.09.2020. Exhibit P2 TRUE COPY OF PRESS RELEASE DATED 12.05.2020 BY MINISTRY OF FINANCE Exhibit P3 TRUE COPY OF PRESS RELEASE DATED 31.03.2021 BY MINISTRY OF FINANCE. Exhibit P4 TRUE COPY OF THE ECLG SCHEME OPERATIONAL GUIDELINES, UPDATED AS ON 07.06.2021. Exhibit P5 TRUE COPY OF EMAIL DATED 01.06.2021 SENT BY PETITIONER TO 3RD RESPONDENT. Exhibit P6 TRUE COPY OF EMAIL DATED 08.06.2021 SENT BY PETITIONER TO 3RD RESPONDENT. Exhibit P7 TRUE COPY OF EMAIL DATED 09.06.2021 RECEIVED BY PETITIONER FROM 3RD RESPONDENT.

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Exhibit P8 TRUE COPY OF EMAIL DATED 30.06.2021 RECEIVED BY PETITIONER FROM 3RD RESPONDENT. Exhibit P9 TRUE COPY OF EMAIL DATED 30.06.2021 SENT BY PETITIONER TO 3RD RESPONDENT. Exhibit P10 TRUE COPY OF EMAIL DATED 08.07.2021 RECEIVED BY PETITIONER FROM 2ND RESPONDENT. Exhibit P11 TRUE COPY OF EMAIL DATED 30.06.2021 TO 2ND RESPONDENT. Exhibit P12 TRUE COPY OF LETTER DATED 30.06.2021 BY PETITIONER TO 2ND RESPONDENT. Exhibit P13 TRUE COPY OF LETTER DATED 01.04.2021 BY 2ND RESPONDENT TO CEO'S OF SCHEDULED COMMERCIAL BANKS. NBFC'S.

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W.P.(C) No.14460 of 2021

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Exhibit P14 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 18.03.2021 IN WPC. 4195 OF 2021.

Pallickamalil Cinema Company Private Limited v. Union of India

Case brief

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Pallickamalil Cinema Company Private Limited v. Union of India

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