CW9791/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9791/2009 Mark Splendour Nonwovens P. Ltd. through its Managing Director and Another Vs. Union of India and Others Date of Order ::: 15.12.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rajendra Salecha, Counsel for petitioners Shri Praveen Poswal for Shri V.S. Gurjar, Counsel for Union of India Shri Alok Garg with Ms. Sonal Singh, Counsel for respondents no.2 and 3 #### By the Court:- This writ petition has been filed by petitioners with prayer that respondent Canara Bank may be directed to reschedule payment of loan advanced to them on 15th March, 2007. It is undisputed between parties that amount of loan was 145 lacs was to be repaid by petitioners in 25 quarterly installments from 01.01.2008. One installment was to be of rupees 4.72 lac. Learned counsel for petitioners submitted that petitioners have paid five installments so far, whereas counsel for respondent Bank submitted that this statement is not correct and so far only amount of Rs.8.5 lac has been repaid and that too after institution of writ petition and thereafter nothing has been paid. Learned counsel for petitioners has argued that petitioner entrepreneurship, is viable firm and CW9791/2009 // 2 // it is run by a woman and that as per guidelines of Reserve Bank of India the viability criteria ought to be considered by respondent Bank. Petitioner would repay entire loan amount if outer limit of repayment, which is end of 2014 is extended upto end of 2016, subject to reschedulment of payment. Learned counsel for petitioners contended that representation of petitioners has been rejected by a non-speaking order without assigning any reason. Learned counsel for respondent submitted that a detailed order was passed thereafter on 23.08.2010 (Annexure A/33) showing that petitioner had nothing to offer when he was called upon to enter into negotiation for restructuring of the loan facilities. Writ petition is disposed of requiring petitioners to make a fresh representation to respondent Canara Bank, which may be considered and decided if only petitioner deposits a sum of Rs.25 lacs within two months from tomorrow together with an undertaking to pay regular quarterly installments as may be worked out by respondent Bank. If that is done, respondent Bank may consider offer of petitioners or else they would be free to proceed further in accordance with law. (Mohammad Rafiq) J. //Jaiman//