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2019 DIGILAW 933 (KER)

Mathew K. Jacob S/o Late Jacob Mathew v. Union of India Rep. by the Secretary Department of Financial Service

2019-11-12

C.T.RAVIKUMAR, S.MANIKUMAR

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JUDGMENT : S. MANIKUMAR, J. 1. Being aggrieved by judgment made in W.P. (C) No. 20292 of 2016 dated 04.10.2017, by which the writ court declined to quash Exhibit-P2, rejection order on the application submitted by the appellant under Pradhan Manthri Mudra Yojana Scheme (for brevity, PMMY), instant writ appeal is filed. 2. Short facts leading to the writ appeal are that, the appellant is doing business in paints of various companies from 2004 onwards. He is providing employment directly to seven persons and indirectly to many. In order to expand his business, the appellant made an application under the above said Scheme, for loan of Rs. 10 lakhs. By communication dated 17.10.2015, Union Bank of India, Kottayam branch, rejected the loan application on the ground that the total turnover of the appellant's firm for the financial year 2014-2015 was Rs. 19,51,639.40/- and based upon the turnover, the appellant is not eligible for the working capital of Rs. 10 lakhs. 3. Being aggrieved, writ petition has been filed for a writ of mandamus directing Union Bank of India, Kottayam district, respondent no. 3, to consider the appellant's loan application under the PMMY Scheme afresh, in accordance with the guidelines and give loan to the appellant. Writ court declined to grant the relief sought for. 4. Assailing the correctness of the judgment made in W.P. (C) No. 20292 of 2016, instant writ appeal has been filed on the grounds extracted hereunder: “(a) Pradhan Manthri Mudra Bank Yojana is said to benefit more than 58 million small business owners in the country. This is one sector under which more than 120 million people are employed and this working population mostly comes from less privileged sections of society. (b) The majority of small business owners in India have always remain outside the ambit of main stream bank credit. This is just because banks and financial institutions often focus their products and services for the secure business lot, who would repay at higher interest and have their monies secured. PM Mudra Bank Yojana would held in getting this trend changed. (c) Institutional finance has always been relevant to small businesses. However, inadequate corpus and unorganized management of credit facility to small entrepreneurs never really made it reach the need entrepreneurs. A PM Mudra Bank Yojana comes with a dream to get the dreams of many yound and budding entrepreneurs fulfilled. (c) Institutional finance has always been relevant to small businesses. However, inadequate corpus and unorganized management of credit facility to small entrepreneurs never really made it reach the need entrepreneurs. A PM Mudra Bank Yojana comes with a dream to get the dreams of many yound and budding entrepreneurs fulfilled. (d) Repayment has always been a concern why financial institutions could provide required finance to small business owners. With this initiative from the PM Office, the scheme is said to take care of this part as well and thus help both financial institutions and needy small business owners of one single platform.” 5. Learned counsel for the appellant made submissions on the above grounds. In addition to the above, learned counsel for the appellant contended that as there is no restriction in the Scheme regarding turnover, writ court ought to have interfered with the rejection order. 6. Heard learned counsel for the appellant and perused the materials available on record. 7. Communication dated 17.10.2015 of Union Bank of India addressed to the appellant rejecting the loan application reads thus: “Ref: Dated: 17.10.2015 To, M/s. Kuttemperoor Paints & Hardwares Kuttemperoor Building Near SBHSS Changanacherry Ref: Rejection of Loan application We refer your loan application dated 07-10-2015 for availing working capital limit from out bank. After carefully analyzing your loan application we regret to inform you that we are unable to consider loan application due to following reason: As per your request you need financial assistant of Rs. 10.00 lacs in the form of Working capital for handling your day to day business operations. As financial statement submitted by you, total turnover of your firm for the financial year 2014-15 is Rs. 1951639.40 and based upon the turnover you are not eligible for working capital of Rs. 10.00 lacs. Thanking you Sd/- Branch Manager.” 8. Reading of PMMY Scheme shows that a survey has been conducted by National Sample Survey Office (NSSO), wherein it was found that 60% of the small/micro units are owned by persons belonging to Scheduled Caste/Scheduled Tribe/Other Backward Classes and since most of these units are outside the formal banking system, the abovesaid persons are forced to borrow from informal sources or use their limited owned funds, that is why, Micro Units Developments and Refinance Agency Limited (Mudra Limited), Mumbai, has brought about a scheme named as MUDRA Loan to bridge this gap. Objective of the Scheme is to increase confidence of the aspiring young persons to become first generation entrepreneurs as also of existing small businesses to expand their business activities. Reading of the Scheme further shows that the maximum loan amount the under Scheme is Rs. 10 lakhs for the income generating micro enterprises engaged in manufacturing, trading and services sectors. Mudra Scheme envisages the following categories: Loans upto Rs. 50,000/- (Shishu) Loans upto Rs. 50,001/- to Rs. 5 lakhs (Kishore) Loans upto Rs. 5,00,001/- to Rs. 10 lakhs (Tharun) 9. Scheme further indicates that more focus should be given to Shishu i.e. loans upto Rs. 50,000/-. Object of the Scheme appears to give financial assistance to aspiring young persons to become the first generation entrepreneurs, as also in the case of an existing small business to expand their activities. 10. Though Mr. Peeyus A. Kottam, learned counsel for the appellant, made submissions on the memorandum of grounds stated supra, and emphasised that no specific turnover is mentioned in the Scheme and that, therefore, the Union Bank of India ought to have sanctioned the loan, having regard to the objectives of the Scheme and in particular, that more focus should be given to Shishu, i.e. loans upto Rs. 50,000/- and the other aspects which we have extracted supra, it is manifestly clear that the Scheme itself is to benefit only the above mentioned persons, who are forced to borrow from informal sources or use their own limited funds. 11. Pradhan Manthri Mudra Yojana Scheme framed by the Government to benefit poor and marginalized society cannot be enlarged so as to facilitate existing business people with a turnover, exceeding even the maximum loan under the Scheme i.e. "Tharun" Rs. 10,00,000/-. Keeping the above in mind and taking note of the annual turnover of the appellant for the financial year 2014-15 judgment of the writ court declining to interfere with the rejection order dated 17.10.2015 by the Union Bank of India, Kottayam, respondent No. 3, cannot be found fault with. 12. There are no merits in this appeal. Judgment made in W.P. (C) No. 20292 of 2016 dated 04.10.2017 is sustained.