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2021 Supreme(Cal) 2

SABYASACHI BHATTACHARYYA
Pearson Drums & Barrels Pvt. Ltd. – Appellant
Versus
General Manager, Consumer Education & Protection Cell of Reserve Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nilendu Bhattacharya, Ms. Arunima Lala, Mr. A.K. Upadhyay
For the Respondent: Ms. Suchismita Chatterjee, Mr. Malay Kumar Seal Mr. Snehashis Sen, Mr. Abhishek Banerjee

JUDGMENT :

Sabyasachi Bhattacharyya, J:-

1. The petitioner is a company coming within the purview of the Micro, Small and Medium Enterprises Act, 2006 and is engaged in the business of manufacture and supply of M.S. Barrels to the Oil Sector and various other sectors. On September 24, 2015 the respondent no.4, that is, the IndusInd Bank granted “in-principle” sanction, subject to final sanction of the Credit Committee, for credit facility worth Rs.25.05 crore to the petitioner. It was mentioned that the processing fee of 0.60 percent of the total sanction facility, along with applicable rates and taxes, have to be paid by the petitioner to avail of the financial assistance. It was also mentioned therein that the communication by the bank to the petitioner did not create any binding/obligation on the bank to release any payment in favour of the petitioner by way of financial assistance provided the bank issued its final sanction letter to that effect and the terms thereof were duly accepted by the petitioner.

2. Subsequently, by an e-mail dated September 29, 2015, the respondent no.4 asked the petitioner to deposit Rs.14,27,850/-as processing fees including service tax. In the said e-m

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