JUDGMENT

Dated this the 6th day of February, 2023 A. MUHAMED MUSTAQUE, J.

The writ petitioners approached with this intra court appeal assailing Ext. P5, decision of the South Indian Bank, declining them the benefit of Emergency Credit Line Guarantee Scheme (ECLGS), floated by the Central Government to assist the borrowers of all scheduled commercial banks and other financial institutions, in view of the Covid -19 crisis, as a special scheme issued on 31-10- 2020.

2. Prior to the Covid -19 pandemic, State of Kerala and borrowers from the bank also experienced crisis due to flood in the State. The writ petitioner/ a borrower, in fact, was a loss making enterprise even prior to the flood in the State. As revealed from the counter on 31-03-2020, the financial position was bad and considered as a loss making unit for three years prior to 31-03-2019. However, by availing the benefit under a flood re-structuring scheme, they were not declared as NPA or SMA as on 29-02-2020.

3. The bank considered the request under the ECLGS, pursuant to direction of this Court in another writ petition filed by the writ petitioners. The bank was of the view that the enterprise was in distress not due to an