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2021 Supreme(Ker) 759

N.NAGARESH
Joy Kuriakose – Appellant
Versus
Axis Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P. Babu Kumar, P. Yadhu Kumar & Vishnu Babu
For the Respondent:Sumathi Dandapani (Sr. Advocate ), Asst. Solicitor General of India (P. Vijayakumar) & Madhu Radhakrishnan

JUDGMENT :

The petitioner, Proprietor of a business, is before this Court aggrieved by the action of the 1st respondent-Bank withholding benefits of Emergency Credit Line Guarantee Scheme (ECLGS) to the petitioner. The petitioner seeks to command the 2nd respondent to implement the Scheme by issuing necessary directions.

2. The petitioner states that he is a businessman and holds an account with the 1st respondent-Bank. In the month of April, the Reserve Bank of India announced a special Scheme to help the entrepreneurs who were affected by the lockdown declared by the Government. The Scheme is called Emergency Credit Line Guarantee Scheme (ECLGS) and the petitioner submits that he is entitled to Rs.46 lakhs as loan under the Scheme. Though the Bank has sanctioned Rs.46 lakhs to the petitioner under the Scheme, the petitioner was permitted to utilise only an amount of Rs.17.75 lakhs. The balance amount, which is more than Rs.28 lakhs, has been appropriated by the Bank towards dues to them. The petitioner would submit that the ECLGS has been framed in view of the peculiar financial circumstance in the country and it is intended to provide working capital to entrepreneurs. The Bank has

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