IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2024 CORAM :

THE HON'BLE MR. JUSTICE M. DHANDAPANI Writ Petition No. 6878 of 2017 and W.M.P. Nos.7465, 7466 and 7477 of 2017 Chennai Expo Prints Pvt. Ltd., Rep. by its Managing Director, G. Varagamurthy .. Petitioner Versus

1. Government of India, Rep. by Special Secretary & Development Commissioner, Office of the Development Commissioner, Ministry of Micro, Small & Medium Enterprises (MSME), Nirman Bhawan, 7th Floor, Maulana Azad Road, New Delhi – 110 108.

2. Deputy Director (CLCSS), Office of the Development Commissioner, Ministry of Micro, Small & Medium Enterprises (MSME), Nirman Bhawan, 7th Floor, Maulana Azad Road, New Delhi – 110 108.

3. The Chief General Manager, National Bank for Agricultural and Rural Development (NABARD), TamilNadu Regional Office, 105-106, 48, Mahatma Gandhi Road, P.B. No.6074, Nungambakkam, Chennai – 600 034.

4. The Regional General Manager, Union Bank of India, Regional Office, Union Bank House, 139, Broadway Road, Chennai – 600 108.

5. The Chief Manager, Triplicane Branch, Union Bank of India, No.204, Triplicane High Road, Chennai – 600 005. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, calling for records on the file of the second respondent bearing No.:1(5) CLCSS/Unit Assn./14-15, dated 02.11.2015 refusing to release the subsidy to the petitioner, quash the same and consequently direct the respondents to release the subsidy amounting to a sum of Rs.15 lakhs to the petitioner being a registered SSI unit with Entrepreneur Memorandum No.330021210361 (Part- II), Small For Petitioner : Ms. A.V. Bharathi For Respondents : Mr.K. Ramanamoorthy for R1 & R2 Mr.S. Parthasarathy for R4 & R5 R3 – No appearance

ORDER

This writ petition has been filed to call for records on the file of the second respondent bearing No.:1(5) CLCSS/Unit Assn./14-15, dated 02.11.2015 refusing to release the subsidy to the petitioner, quash the same and consequently direct the respondents to release the subsidy amounting to a sum of Rs.15 lakhs to the petitioner being a registered SSI unit with Entrepreneur Memorandum No.330021210361 (Part- II), Small

2. It is stated that the petitioner is a registered SSI unit and was engaged in the printing business since 2008. During the course of such business, the petitioner approached the 5^th respondent for financial assistance to develop their business and the same was considered by sanctioning a term loan of Rs.191.40 lakhs on 06.04.2010 for purchase of machineries. At that time, the petitioner came to know about a scheme for technology upgradation viz., Credit Linked Capital Subsidy Scheme (CLCSS) mooted by the 1^st respondent (MSME), which was in force from the year 2000-2001. Based on the MSME Guidelines, dated 30.05.2011 and SIDBI GSC Circular, dated 25.11.2011, the petitioner submitted an application to the 5^th respondent on 20.12.2011 requesting to sanction Credit Linked Capital Subsidy of a sum of Rs.15 lakhs. The 5^th respondent in turn forwarded the said application to the third and fourth respondents for processing. It is the contention of the petitioner that the said application was received by the 3^rd respondent on 23.12.2011, well within the time limit prescribed by the respondents 1 and 2, however, the application has not been processed.

3. It is further averred that though the said Scheme was in force from the year 2000-2001, there were certain problems arose for implementation of the said scheme. Therefore, to resolve the issues with regard to implementation of the said Scheme at that relevant point of time, the 2^nd respondent conducted a meeting with Nodal Agencies on 30.05.2011 during which, the reference date for deciding the admissibility of subsidy, timely settlement of subsidy claim etc. were discussed. Pursuant to the Meeting, certain guidelines were issued which reveals that the information about the subsidy claim applications should be filed a