J U D G M E N T

The petitioners have approached this Court seeking for a direction that the petitioners shall be entitled for various concessions on the basis of one time settlement scheme offered by the Reserve Bank of India and the Banking Companies; especially on account of the fact that the 1st petitioner is a Micro, Small and Medium Enterprise in terms of Micro, Small and Medium Enterprises Development Act, 2006. The petitioners have submitted several applications for providing one time settlement scheme. But without taking into account the fact that the petitioners' unit has become defunct, the Bank, without considering the representations in accordance with the guidelines issued by the Reserve Bank, has proceeded under the SARFAESI Act.

2. Counter affidavit has been filed by respondents

1 & 2 and according to them, 1st petitioner is not a small enterprise registered under the Micro, Small and Medium Enterprises Act. They have also stated that petitioners are not entitled for the benefit under the Scheme, even if it is a Micro, Small and Medium Enterprise.

From the materials on record, it is not discernible as to why the benefit had not been extended to the petitioners. The writ