1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4467 OF 2009 Swami Ramanand Bharati Sahakari Sut ..Petitioner Girni Limited V/s. The State of Maharashtra & ors ..Respondents Mr.M.S.Karnik, Advocate, for the petitioner Mr.V.P.Malvankar, Assistant Government Pleader, for respondent Nos.1 & 3 Mr.N.D.Yelkar, Advocate, for respondent No.2 Mr.P.B.Kadwe, Under Secretary, Co-operation Marketing & Textile Department, Mantralaya CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 6TH AUGUST, 2009 P.C. . Heard the learned counsel for the parties. 2. The original file of the Government of Maharashtra in respect of the subsidy given to the petitioner has been produced before this Court. What we find is that there was a meeting held on 21st August, 2008, in respect of the amount of 3% 2 of subsidy to the soot girnis. In the said meeting, apart from the officers of the State of Maharashtra, Manager of the Maharashtra State Co- operative Bank Limited and even the Chief officer of the Maharashtra State Co-operative Bank Limited were also present. In the said meeting, the issue in respect of the said subsidy was considered. In paragraph four of the said proceedings, it has been stated that the State of Maharashtra has deposited 3% subsidy of the petitioner in the account of the respondent- Maharashtra State Co-operative Bank Limited. Since the loan account of the petitioner was settled prior to the Government Resolution in question which is dated 30th March, 2007, the Bank was under obligation to return the amount of 3% subsidy of the petitioner. Since such amount has not been returned by the Maharashtra State Co- operative Bank Limited to the petitioner, the State of Maharashtra has taken a decision to recover the amount of 3% subsidy deposited in the name of the petitioner with the Maharashtra State Co-operative 3 Bank Limited with interest. Thus, the State of Maharashtra has taken a decision to recover the amount of 3% subsidy from the Maharashtra State Co- operative Bank Limited since the Maharashtra State Co-operative Bank Limited has not given benefit of the 3% subsidy to the petitioner. 3. In view of this position, Mr.M.S.Karnik, the learned counsel for the petitioner seeks liberty to withdraw the above Writ Petition. Mr.V.P.Malvankar, Assistant Government Pleader, for respondent Nos.1 & 3 makes a statement that as per the Government Resolution, the steps for the recovery of the 3% subsidy will be taken by the State Government and the said subsidy will be given to the petitioner as per the directions already issued. 4. Statement accepted. The State of Maharashtra is directed to act upon the decision which has already been taken. Recovery shall be 4 effected immediately. The above Writ Petition to stand disposed of accordingly. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )