AB REFER WAREHOUSING PVT. LTD. Vs. STATE BANK OF INDIA AND ORS.
LAWS(P&H)-2016-1-33
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 12,2016

Ab Refer Warehousing Pvt. Ltd. Appellant
VERSUS
State Bank of India And Ors. Respondents

JUDGEMENT

- (1.) The petitioner-Company has filed this writ petition seeking directions to the respondent-Bank to adjust the amount of subsidy lying in the Subsidy Reserve Fund of the petitioner towards repayment of interest and installments of loan as per the instructions of the petitioner and further not to treat it as a defaulter till the time the amount of more than Rs.14 crores and 23 lakhs is lying with it as the subsidy amount.
(2.) The Government of India in the Ministry of Agriculture had floated a scheme under the name "Horticulture Mission for North Eastern and Himalayan States" (hereinafter referred to as "HMNEH Scheme") (Annexure P-1) in the year 2010. Initially, this horticulture mission was limited to the North Eastern States including Sikkim, but it was extended to the Himalayan States of Jammu and Kashmir, Uttarakhand and Himachal Pradesh during 2003-04. This is a centrally sponsored scheme for which 100% assistance is provided by the Government of India. The Objectives of the the Mission were to harness potential of Horticulture in the region by increasing production and productivity of horticultural crops, maximize economic, ecological and social benefits through diversification, provide skillful employment in the region etc. The Mission Structure was divided into four Mini Missions, as under: Mini Mission-1 (Research); Mini Mission-II (Production and Productivity Improvement); Mini Mission-III (Post Harvest Management and Marketing); Mini Mission-IV (Processing and Value addition).
(3.) The petitioner wanted to establish and operate Integrated Control Atmosphere Chamber with a Pre Cooling and Grading Facility at Village Kotla, Tehsil Baddi, District Solan, Himachal Pradesh. It applied to the respondent bank for sanctioning of the Term Loan and Cash Credit facility to the extent of Rs. 23.50 crore as Term Loan and Rs. 20.00 crore as Cash Credit facility on 02.01.2013.;


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