Gauhati High Court
Ozone Ayurvedics Unit-Ii vs The State Of Assam And 4 Ors on 13 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
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GAHC010089792019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2808/2019
1:OZONE AYURVEDICS UNIT-II
A FIRM HAVING ITS OFFICE AND FACTORY AT EXPORT PROMOTION
INDUSTRIAL PARK (EPIP), AMINGAON, GUWAHATI, DIST.-KAMRUP,
ASSAM, PRESENTED BY SRI DIPAK KUMAR SINGH.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
DEPTT. OF INDUSTRIES AND COMMERCE, DISPUR, GUWAHATI-781006
2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI-21
ASSAM
3:THE JOINT DIRECTOR (EXTN.)
O/O COMMISSIONER OF INDUSTRIES AND COMMERCE
BAMUNIMAIDAM
GUWAHATI-21
ASSAM
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE AND COMMERCE
GUWAHATI-781021
ASSAM
5:THE NORTH EASTERN DEVELOPMENT FINANCE CORPORATION (NEDFI)
DISPUR
GUWAHATI-78100
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Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE
Linked Case : WP(C) 2809/2019
1:OZONE PHARMACEUTICALS LTD.
A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES
ACT
1956 READ WITH THE COMPANIES ACT
2013 AND HAVING ITS OFFICE AND FACTORY AT EXPORT PROMOTION
INDUSTRIAL PARK (EPIP)
AMINGAON
NORTH GUWAHATI CIRCLE
DIST.- KAMRUP
ASSAM
REP. BY SRI DIPAK KUMAR SINGH.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI- 781006.
2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI-21
ASSAM.
3:THE ADDITIONAL DIRECTOR (US)
O/O COMMISSIONER OF INDUSTRIES AND COMMERCE
BAMUNIMAIDAM
GUWAHATI-21
ASSAM.
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE AND COMMERCE
GUWAHATI- 781021
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ASSAM.
5:THE NORTH EASTERN DEVELOPMENT FINANCE CORPORATION (NEDFI)
DISPUR
GUWAHATI- 781006.
Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC
INDUSTRIES AND COMMERCE
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 13-05-2019 Heard Ms N Hawelia, learned counsel for the petitioners in the two writ petitions and Mr M Mahanta, learned counsel for Industries and Commerce Department, Government of Assam.
2. By filing the two writ petitions, petitioners have prayed for a direction to the respondents, more particularly, Industries and Commerce Department, Government of Assam, to disburse power subsidy to the petitioners for various periods under the Assam Industrial Policy, 2003 and Assam Industrial Policy, 2008.
3. It is submitted that North-Eastern Development Financial Corporation (NEDFI) as well as Assam Industrial Development Corporation (AIDC) are the designated agencies under the industrial policies for disbursement of power subsidy on the basis of recommendation of the State Level Committee (SLC) of the State Government.
4. On 03.05.2019, when the two writ petitions were first moved, Mr A Kalita, learned Standing Counsel was directed to obtain instructions. However, no instructions are forthcoming,
5. Ms N Hawelia, learned counsel for the petitioners submits that in a case of the petitioners themselves pertaining to interest subsidy, this Court in WP(C) No. 7128 of 2018 and other connected cases, had directed the State Level Committee (SLC) to take a decision one way or the other on the claim of the petitioners for disbursement of interest subsidy. She, therefore, submits that similar order may be passed in the present case of the petitioners in respect of power subsidy.
6. Mr Mahanta has no objection to the submissions made by learned counsel for the petitioners.
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7. Having heard learned counsel for the parties and on due consideration, Commissioner and Secretary to the Government of Assam, Industries and Commerce Department, is directed to place the case of the petitioners before the State Level Committee (SLC) regarding claim for power subsidy for various periods, whereafter final decision shall be taken by the State Level Committee (SLC) one way or the other. The entire exercise shall be completed within a period of 3 (three) months from today.
8. Writ petitions are accordingly disposed of.
JUDGE Comparing Assistant