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Patna High Court - Orders

M/S Essell Lubricants And Chemicals ... vs The State Of Bihar on 3 August, 2021

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No. 10038 of 2020
                 ======================================================
                 M/s Essell Lubricants and Chemicals Private Limited

                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Brisketu Sharan Pandey, Advocate
                                               Mr. Abhishek Kumar, Advocate
                 For the Respondent/s   :      Mr. Shankar Kumar, AC to AAG-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               ORAL ORDER


4   03-08-2021

The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner Shri Abhishek Kumar and the learned counsel for the State Shri Shankar Kumar, AC to AAG-7.

It has transpired during the course of argument that in the rejoinder affidavit a stand has been taken to the effect that the petitioner does not require any approval of the State Investment promotion Board for the purposes of grant of incentive under the Bihar Industrial Incentive Policy, 2006 and in this regard, the learned counsel for the petitioner has referred Patna High Court CWJC No.10038 of 2020(4) dt.03-08-2021 2/2 to Section 19 of the Bihar Single Window Clearance Act, 2006. It has been further submitted by the learned counsel for the petitioner that more than 50 per cent of the incentives have already been paid to the petitioner but suddenly payment of the balance amount has been stopped.

In such view of the matter, the respondent-State is directed to file a reply to the rejoinder affidavit as also bring on record, any order passed by the respondent authority with regard to disentitlement of the petitioner to grant of incentives under the Bihar Industrial Incentive Policy, 2006.

The learned counsel for the respondent-State submits that he be granted four weeks' to file a supplementary counter affidavit. Time so sought is granted.

List after four weeks.

(Mohit Kumar Shah, J) S.Sb/-

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