M/S Ishwar Food Products Pvt. Ltd v. The Union of India and 4 Ors

ORDER 04-01-2024 Heard Ms. N. Saikia, learned counsel for the petitioner. Also heard Shri A. Kalita, learned Standing Counsel, Industries and Commerce Department whereas Shri G. Das, learned counsel is present for the NEDFi. The matter pertains to a claim for transport subsidy. This Court has however been apprised by the learned counsel for the petitioner that during the pendency of this writ petition, an amount of Rs.15,07,973/-(Fifteen Lakh Seven Thousand Nine Hundred Seventy Three) which was approved by the State Level Committee has been deposited to the NEDFi. Subsequently, out of the aforesaid amount, Rs.9,23,021/- (Rupees Nine Lakh Twenty Three Thousand Twenty One) has been released to the petitioner by the Department of Industrial Policy and Promotion, Government of India. This Court has also been apprised that so far as the balance of Rs.6,47,952/- (Rupees Six Lakhs Forty Seven Thousand Nine Hundred Fifty Two) is concerned, due to certain dues with the Tax Department, that has been held back. Ms. Saikia, the learned counsel for the petitioner has however submitted that the said dues have also been cleared and in this regard she has placed on record certain documents in support of the said plea. Both Shri Kalita and Shri Das, the learned counsel for the respondents do not have complete instructions in this regard. In view of above, this Court is of the opinion that the writ petition can be disposed of by making the following directions. The petitioner may submit copies of the supporting documents with regard to the Page No.# 3/3 plea of clearing the dues of the Taxation Department through the appropriate authorities within a period of 7 days from today and upon such receipt, the matter may be examined and thereafter appropriate steps be taken for release of the balance amount in question. The appropriate authority is also required to pass a speaking order. The entire exercise be completed within a period of 21 days for the date of receipt of the application. Writ petition accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010120282013 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4898/2013o M/SoISHWARoFOODoPRODUCTSoPVT.oLTD.o REP.oBYoITSoDIRECTOR,oSRIoSANWALoMALoAGARWAL,oS/O-oLT.oCHETRAMo AGARWAL,oR/O-oTINSUKIAoTOWN,oP.O.oandoDIST.-oTINSUKIA,oASSAM. VERSUSo THEoUNIONoOFoINDIAoando4oORSo REP.oBYoTHEoSECY.,oMINISTRYoOFoCOMMERCEoandoINDUSTRY,oGOVT.oOFo INDIA,oUDYOGoBHAWAN,oNEWoDELHI. 2:THEoPRINCIPALoSECY.oGOVT.oOFoASSAM oDEPTT.oOFoINDUSTRIES oDISPUR oGHY-o6. 3:NEDFI oREP.oBYoTHEoCHAIRMANoandoMANAGINGoDIRECTOR oNEDFIoBHAWAN oDISPUR oGHY-o6. 4:THEoCOMMISSIONERoOFoINDUSTRIESoandoCOMMERCEoDEPTT. oGOVT.oOFoASSAM oUDYOGoBHAWAN oBAMUNIMAIDAN oGHY-o21. 5:THEoADDL.oDIRECTORoUS oDIRECTORATEoOFoINDUSTRIESoandoCOMMERCE oASSAM oGHY-o21o Page No.# 2/3 Advocate for the Petitioner : MRS.P GOSWAMI Advocate for the Respondent : MR.P DAS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI