EMAMI LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Dr A Saraf, learned Senior Counsel, assisted by Mr S P Sarma, learned counsel for the petitioners and Mr A Kalita, learned Standing Counsel, Industries and Commerce Department, Government of Assam. Also heard Mr M Dutta, learned counsel for the North East Industrial Development Finance Corporation (NEDFi)

(2.) The two petitioners are Emami Limited and Sri Jaswant Sethia. Petitioner No. 1, Emami Limited, is a public limited company incorporated under the Companies Act, 1956, having its registered office at Kolkata and one of its unit is at Abhoypur, North Guwahati, Guwahati in the State of Assam. Petitioner No. 2, Sri Jaswant Sethia, is the General Manager (Commercial) of petitioner No. 1.

(3.) By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of decision taken by the State Level Committee meeting dated 23.09.2011, 24.09.2011 and 19.12.2011 as well as consequential rejection letter dated 31.07.2012 issued by the Commissioner of Industries and Commerce, Government of Assam. Additionally, petitioners seek a direction to the respondents for payment of the subsidy amount on the complete capital investment made by petitioner No. 1.