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    <title>2023 (3) TMI 1533 - CALCUTTA HIGH COURT</title>
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    <description>A private financial institution implementing the Emergency Credit Line Guarantee Scheme was treated as performing a public function under binding Ministry of Finance, RBI and operational guidelines, so compliance with the Scheme could be examined under Article 226. The Scheme was also described as pre-approved for eligible credit, meaning a borrower&#039;s formal application was not a condition precedent where the governing framework did not require one. On the stated facts, the account was standard as on 29.02.2020 and later turned non-performing, while credit rating was not a disqualifying factor. The institution was therefore required to consider the borrower&#039;s eligibility and process the claim under the applicable resolution framework.</description>
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