JAIN IRRIGATION SYSTEMS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Present Petition is filed to enforce money claim against the Respondents. Petitioner seeks direction to the respondents to disburse amount of Rs.3,00,64,762.00 along with interest at the rate of 18% towards reimbursement of benefits provided by it to the end users. The claim is raised towards subsidy for installation of Solar Water Heating Systems from time to time under the program of 'Off-Grid and Decentralized Solar Applications '. The petitioner has sought following prayers:

(2.) The amount of Rs.3,00,64,762.00 represents claims under several heads and which have been rejected by the Respondents citing different reasons for each claim. By filing their respective affidavits-in-reply, both respondent nos.1 and 2 have opposed the claim of the petitioner stating that the same involves factual disputes.

(3.) We therefore put across to Mr. Subodh Shah, the learned Counsel appearing for the petitioner as to how writ petition under Article 226 of the Constitution of India could be entertained to decide money claim involving factual disputes. Mr. Shah would contend that there are no disputed questions of fact and the entitlement of the petitioner can be decided only by perusal of documents and interpreting the provisions of the scheme. That the action of the Respondents is barred by principles of promissory estoppel. He contends that even if some artificial disputes are created by Respondents in respect of other claims, the first claim of Rs.2,04,42,980.00 did not involve any factual dispute and can be adjudicated and awarded by this Court in present Petition.