UNION OF INDIA Vs. KRIMPEX SYNTHETICS LTD

JUDGEMENT

(1.) Leave granted in SLP (C) No. 22036 of 1997.

(2.) This order shall dispose of the two appeals which are in the nature of cross appeals against the same order dated 26/27-11-1996 of the High Court of Bombay in Writ Petition No. 245 of 1991. By the impugned order the High Court has partly allowed the writ petition filed by M/s. Krimpex Synthetics Ltd. Respondent in Civil Appeal No. 2865 of 1998 filed by the Union of India and the appellant in the Civil Appeal No. 5272 of 2005 (@ SLP (C) No. 22036 of 1997. Parties shall be referred to as per their status in Civil Appeal No. 2865 of 1998.

(3.) With a view to promote the growth of industries in certain selected less developed districts and areas, the Government of India introduced the Central Outright Grant or Subsidy Scheme, 1971 (for short "the Scheme") for the industrial units under notification dated 26th August, 1971 published in the Gazette of India, extra-ordinary, Part -I, Section-1. Along with the scheme, a manual was issued setting out the detailed working of the Scheme. Respondent filed a writ petition in the High Court of Bombay seeking quashing of orders at Exs. E and F of the petition. Exhibit E was a communication to the respondent informing that in view of the Ministry of Industry Government of Indias decision under letter No. 45 (2)/89-DBA-II dated 28-6-1990 the claim of the respondent for Central Investment Subsidy was rejected. Exhibit F was a communication from the Government of India to the Administration of Dadra and Nagar Haveli informing that the claim of Rs. 1,63,28,848/- under the Central Investment Subsidy Scheme in respect of units which were sanctioned investment subsidy after cut off date, i.e., 30-9-1988 as per the provisions contained in Ministrys letter dated 21-7-1988 is returned.