- (1.) This order shall dispose of abovementioned two writ petitions i.e. CWP No.5010 of 2014 and CWP No.20415 of 2014 filed by the same petitioner i.e. M/s Priya Klay Pvt. Ltd. The prayer in is for a writ of mandamus directing the respondents to re-constitute State Level Inter Institutional Committee (for short 'SLIIC') and Regional Rehabilitation Committees at District Level in the State of Haryana and also for a writ of mandamus directing the respondent No.2- Director, Department of Industries, Haryana, to consider the restructuring or rehabilitation of the petitioner unit.
(2.) In CWP No.20415 of 2014, the petitioner has sought quashing of the orders dated 20.02.2014 (Annexure P-37) and 29.03.2014 (Annexure P-40) passed by Empowered Committee constituted by Reserve Bank of India rejecting the restructuring/rehabilitation proposal submitted by the petitioner.
(3.) The petitioner was established in the year 1984 after availing financial assistance from Haryana Financial Corporation. The petitioner is a Small Scale Industry having registered in the year 1986 and started commercial production as well in the same year. The petitioner subsequently availed term loan of Rs.5 crores and working capital term loan of Rs.1.25 crores from State Bank of Patiala, respondent herein. It is asserted by the petitioner that the furnace in the manufacturing unit of the petitioner could not be installed properly and production could not commence. The petitioner requested for rescheduling of the loan amount and to provide rehabilitation package. The Bank directed the petitioner to deposit the overdue interest. The account of the petitioner was declared as Non Performing Asset (for short 'NPA') on 29.02.2012 and notices under Section 13(2) and 13(4) of the Securitization and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act') were issued on 18.05.2012 and 29.10.2012. The grievance of the petitioner is that the Bank did not co-operate in revival of the unit. The request of the petitioner for re-schedulement of the term loan has fallen on deaf ears. It is also pointed out that the State Government, to meet the requirements of Small Scale Industries issued an order dated 19.04.2001 to provide a scheme for rehabilitation of sick small scale industrial units on the analogy of rehabilitation of Sick Companies under the Sick Industrial Companies (Special Provisions) Act, 1985. The said scheme contemplated constitution of SLIIC.;