BRIJ FERTILIZERS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are small scale units, manufactureing Single Supre Phosphate Fertilizer. The claim in this petition is that as a manufacturer of Single Super Phosphate Fertilizer, they were entitled to subsidy in accordance with the retention price on subsidy scheme postulated by the respondent No.2.

(2.) According to the said retention price subsidy scheme (hereinafter called "the M/s. Brij Fertilizers Pvt. Ltd. & Another Vs. Union of India & Another 5 8 3 Scheme"), if the manufacturer of Single Super Phosphate which had water soluble 16% Phosphate Pentaoxids (Pflj, then they were entitled to this subsidy.

(3.) In the counter-affidavit filed, it has been admitted in para 20 that the primary basis for receiving the subsidy is the certificate tendered on a montly claim for the quality check to be given by the Single Super Phosphate units themselves.