Disposed
Kailash v. Chairman
Orissa HCOJC/1379/1996
Case brief
AI extract
What is this about?
A retired Armed Force personnel seeking a writ direction for the disbursement of a balance term loan under the Self-Employment Scheme for Ex-service men. The Court directed the Bank to consider rephasing and release the balance amount within two weeks if approached.
What did the court decide?
Direction to consider rephasing the loan and disburse the balance amount if the petitioner approaches the Bank within two weeks.
What the court decided
AI extract
¶1
O.J.C.NO.1379 OF 1996
¶2
05.11.2015
¶3
Heard learned counsel for the petitioner and learned Addl. Government Advocate for the
¶4
State.
¶5
Petitioner in this Writ Application seeking a direction to the opposite parties-Bank t
o release/disburse the balance loan amount for functioning of the firm within a stipulated per
iod.
¶6
Petitioner is a retired Armed Force personnel. After his retirement at a relatively y
oung age intended to start a Diary firm close to his native place in rural areas in the distri
ct of Jajpur. On his own interest to gain knowledge about diary management he got himself tra
ined under the Supervisor, Live Stock Breeding Diary Farm, Remuna. A project report for setti
ng up a Diary Farm prepared and he approached the Director, Animal Husbandry, Diary and Veteri
nary Services, Orissa, Cuttack for obtaining feasibility certificate for the said Diary Farm.
On 27.3.1990 the project report along with feasibility certificate for further action was for
warded. Thereafter the petitioner submitted the proposal for grant of loan under Self-employe
d Scheme for Ex-service-men (SEMFEX-II) through the Secretary, Zilla Sainik Board, Cuttack alo
ng with other required documents to opposite party No.2 on 25.4.1990.
¶7
The opposite party-Bank in its form sanctioned the term loan of Rs.93,000/- in favour
of the petitioner under the Self-Employment Scheme for Ex-service men and Block Capital to the
tune of Rs.33,865/- was sanctioned and disbursed as per the usual terms and conditions of the
Bank. The opposite party No.2 released the sanction amount in phase manner under different h
eads.
Issues for consideration
1 issue framed by the court
AI extract
Whether the petitioner is entitled to a direction for the sanctioning and disbursement of the balance loan amount under the Self-Employment Scheme for Ex-service men.
Parties & counsel
AI extract
- petitioner
Petitioner
- respondent
Bank
Coram
AI extract
S. Panda
Case details
As recorded by the court registry
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