M M KHAMBHATWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition praying to issue appropriate writ, order or direction under Art. 226 of the Constitution of India, directing the respondents to pay Rs. 7,32,411.81 (Rupees seven lakhs thirty-two thousand four hundred eleven and paise eighty-one only) with interest at 15% per annum from the date of petitioner's application till the date of actual payment.

(2.) Facts succinctly stated leading to the filing of this petition are as under :-

(3.) Mr. Nayak, learned Counsel for the respondents contended that hair oil is not included in the entry of "cosmetics and toiletries" and merely because under a mistaken belief the benefit was given in the past, it does not mean that the petitioner is entitled to get the benefit. It is the contention of the respondents that as hair oil is not included in the entry of "cosmetics and toiletries", and therefore, the benefit under the Scheme cannot be given. It was contended that applications are pending before 1st respondent, and, hence, the petition should be rejected.