EFL FOODS LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by petitioner-appellant EFL Foods Limited challenging the judgment of learned Single Judge dtd. 25/1/2019, whereby writ petition filed by petitioner-appellant has been dismissed.

(2.) The petitioner-appellant in the writ petition had challenged the decision taken by the Commissioner Industries vide letter dtd. 15/6/2009 restricting the waiver of the interest to the extent of 75% only. Prayer was also made for declaring the proceedings in respect of recovery of the subsidy released of Rs.11,25,000.00 after a lapse of 12 long years and charging of interest at the rate of 15% per annum, to be illegal. Further prayer was made that the petitioner-appellant be declared entitled to get waiver of entire 100% on the interest amount levied by RIICO, as the company's industrial unit functioned for full period of five years.

(3.) Mr. Anant Kasliwal, learned counsel for petitioner-appellant, submitted that learned Single Judge has erred in law in dismissing the writ petition on the basis of various disputed questions of fact. Learned Single Judge was also not justified in holding that since the petitioner-appellant had accepted the decision of waiver only to the extent of 75% interest taken by the screening committee, therefore it was estopped from challenging the same and further that the petitioner-appellant conveyed deposit of the amount in pursuance of the decision of the said committee dtd. 2/6/2009 and got the document released and therefore also it was estopped from challenging the decision.