KRIMPEX SYNTHETICS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition filed by a company by name Krimpex Synthetics Ltd seeking quashing of orders at Exhibits E and F to the petition. Exhibit E is a communication to the petitioners informing petitioners that in view of the Ministry of Industry Government of India's decision under letter no.45(2) /89-DBA-II dated 28th June 1990 the claim of the petitioners for Central Investment Subsidy is rejected. Exhibit F is a communication from the Government of India to the Administration of Dadra & Nagar Haveli informing that the claim for Rs.1,63,28,848.00 under the Central Investment subsidy scheme in respect of units who were sanctioned investment subsidy after cut off date i.e. 30th September 1988, as per the provisions contained in Ministry's letter dated 21st July 1988, is returned.

(2.) AS a matter of fact in view of the events that have taken place thereafter, we are really not much concerned with these two orders. It is an admitted position that alongwith several petitions, this petition was also decided by the divisions bench of this court by judgment and order dated 22nd October 1992. What was effectively decided was those petitioners whose applications for subsidy have been rejected by the State Level Committees cannot get any relief. Those petitioners whose applications have been so rejected in part, cannot get any relief in respect of the part, cannot get any relief in respect of the part so rejected. But those petitioners who made their applications for subsidy to the State Level Committee of these two Union Territories on or before 15th April 1988 and in whose case the State Level Committee has ultimately sanctioned subsidy, either fully or partly, are entitled to relief to the extent of the amount so sanctioned. It is not disputed that so far as petitioners are concerned they had made applications much prior to 15th April 1988 and that ultimately the State Level Committee had sanctioned the subsidy to the tune of Rs.25 lacs.

(3.) IT is clear from the order that in pursuance to the directions of the Apex Court several concerns including the petitioners herein made representations to Mrs.Karan Jt. Secretary Ministry of Industry and Mrs. Karan has given her decision on individual representation. The said decision was placed before the Apex Court. The Apex Court has thereafter observed that it agrees with Mrs.Karan that all the applications filed upto September 30, 1988 should be considered for grant of central investment subsidy provided the said applications were complete in terms of the scheme dated 26th August 1971 as modified from time to time. The Apex court set aside the judgment of the High Court and remanded the matter for fresh decision. It was directed that all applications filed before September 30, 1988 may be considered for grant of central investment subsidy provided the applications were complete under the scheme. The Apex court further observed that the High Court may keep in view the order passed by the Joint. Secretary but shall take its own decision on merits of each case.