Gauhati High Court
Ozone Pharmaceuticals Ltd vs The State Of Assam And 5 Ors on 24 January, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/8
GAHC010227922018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7363/2018
1:OZONE PHARMACEUTICALS LTD.
A COMPANY REGD 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, , AMINGAON,
NORTH GUWAHATI CIRCLE, DIST- KAMRUP, ASSAM, REP. BY SRI DIPAK
KUMAR SINGH
VERSUS
1:THE STATE OF ASSAM AND 5 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
GUWAHAATI- 21
ASSAM
3:THE ADDITIONAL DIRECTOR(US)
O/O THE COMMISSIONER OF INDUSTRIES AND COMMERCE
BAMUNIMAIDAM
GHY- 21
ASSAM
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE AND COMMERCE
GUWAHATI- 781021
ASSAM
5:THE NORTH EASTERN DEVELOPMENT FINANCE CORPORATION
DISPUR
GUWAHATI- 781006
Page No.# 2/8
6:THE UNION OF INDIA
REP. BY COMMISSIONER AND SECRETARY TO THE GOVT OF INDIA
MIN OF INDUSTRIES AND COMMERCE
DEPTT OF INDUSTRIAL POLICY AND PROMOTION
UDYOG BHAWAN
NEW DELH
Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC, INCOME TAX
Linked Case : WP(C) 7351/2018
1:OZONE AYURVEDICS UNIT-II
A FIRM HAVING ITS OFFICE AND FACTORY AT EXPORT PROMOTION
INDUSTRIAL PARK
AMINGAON
GUWAHATI. DIST- KAMRUP
ASSAM REP. BY SRI DIPAK KUMAR SINGH
VERSUS
1:THE STATE OF ASSAM AND 5 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 THE COMMISSIONER OF INDUSTRIES AND COMMERCE
BAMUNIMAIDAN
GUWAHATI- 21
ASSAM
4:THE GENERAL MANAGER
Page No.# 3/8
DISTRICT INDUSTRIES CENTRE AND COMMERCE
GUWAHATI- 781021
ASSAM
5:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION
DISPUR
GUWAHATI- 781006
6:UNION OF INDIA
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF INDIA
MIN OF INDUSTRIES AND COMMERCE
DEPTT OF INDUSTRIAL POLICY AND PROMOTION
UDYOG BHAWAN
NEW DELHI
Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC
INCOME TAX
Linked Case : WP(C) 7134/2018
1:OZONE AYURVEDICS
A FIRM HAVING ITS OFFICE AND FACTORY AT EXPORT PROMOTION
INDUSTRIAL PARK (EPIP)
AMINGAON
GUWAHATI
DIST.- KAMRUP
ASSAM REPRESENTED BY SRI DIPAK KUMAR SINGH.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
DEPARTMENT OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI- 781006.
2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI- 21
ASSAM.
3:THE GENERAL MANAGER
Page No.# 4/8
DISTRICT INDUSTRIES CENTRE AND COMMERCE
GUWAHATI- 781021
ASSAM.
4:THE ADDITIONAL DIRECTOR (DIC)
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI-21
ASSAM.
5:THE NORTH EASTERN DEVELOPMENT FINANCE CORPORATION (NEDFI)
DISPUR
GUWAHATI- 781006.
6:UNION OF INDIA
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF INDIA
MINISTRY OF INDUSTRIES AND COMMERCE
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
UDYOG BHAWAN
NEW DELHI.
Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC
INDUSTRIES AND COMMERCE
Linked Case : WP(C) 7128/2018
1:OZONE PHARMACEUTICALS LTD.
A COMPANY REGD UNDER THE PROVISIONS OF THE COMPANIES ACT
1956 READ WITH COMPANIES ACT
2013 AND HAVING ITS OFFICE AND FACTORY AT EXPORT PROMOTION
INDUSTRIAL PARK
AMINGAON
NORTH GUWAHATI CIRCLE
DIST- KAMRUP
ASSAM
REP. BY SRI DIPAK KUMAR SINGH
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT OF INDUSTRIES AND COMMERCE
DISPUR
Page No.# 5/8
GHY- 06
2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
UDYOG BHAWAN
BAMUNIMAIDAM
GHY- 21
ASSAM
3:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCE
GHY- 21
ASSAM
4:THE ADDL DIRECTOR (DIC)
UDYOG BHAWAN
BAMUNIMAIDAM
GHY- 21
ASSAM
5:THE NORTH EASTERN DEVELOPMENT FINANCE CORPORATION
DISPUR
GUWAHATI- 781006
6:THE UNION OF INDIA
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF INDIA
MIN OF INDUSTRIES AND COMMERCE
DEPTT OF INDUSTRIAL POLICY AND PROMOTION
UDYOG BHAAWAN
NEW DELHI
Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC
INDUSTRIES AND COMMERCE
Linked Case : WP(C) 7262/2018
1:OZONE AYURVEDICS
A FIRM HAVING ITS OFFICE AND FACTORY AT EXPORT PROMOTION
INDUSTRIAL PARK
AMINGAON
GUWAHATI
DIST- KAMRUP
ASSAM
REP. BY SRI DIPAK KUMAR SINGH
Page No.# 6/8
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT OF INDUSTRIES AND COMMERCE
DISPUR
GUWAHATI- 781006
2:THHE COMMISSIONER OF INDUSTRIES AND COMMERCE
UDYOG BHAWAN
BAMUNIMAIDAM
GUWAHATI- 21
ASSAM
3:THE ADDITIONAL DIRECTOR (US)
O/O THE COMMISSIONER OF INDUSTRIES AND COMMERCE
BAMUNIMAIDAM
GUWAHATI- 21
ASSAM
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE AND COMMERCE
GUWAHATI- 781021
ASSAM
5:NORTH EASTERN DEVELOPMENT FINANCE CORPORATION
DISPUR
GUWAHATI- 781006
6:THE UNION OF INDIA
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF INDIA
MIN OF INDUSTRIES AND COMMERCE
DEPTT OF INDUSTRIAL POLICY AND PROMOTION
UDYOG BHAWAN
NEW DELHI- 01
Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC
INCOME TAX
Linked Case : WP(C) 7129/2018
1:OZONE AYURVEDICS UNIT-II
A FIRM HAVING ITS OFFICE AND FACTORY AT EXPORT PROMOTION
INDUSTRIAL PARK
AMINGAON
Page No.# 7/8
GHY
DIST- KAMRUP
ASSAM
REP. BY DIPAK KUMAR SINGH
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
DEPTT OF INDUSTRIES AND COMMERCE
DISPUR
GHY- 06
2:THE COMMISSIONER OF INDUSTRIES AND COMMERCE
UDYOG BHAWAN
BAMUNIMAIDAM
GHY- 21
ASSAM
3:THE ADDL DIRECTOR (US)
O/O THE COMMISSIONER OF INDUSTRIES AND COMMERCE
BAMUNIMAIDAM
GHY- 21
ASSAM
4:THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE AND COMMERCE
GHY- 21
ASSAM
5:THE NORTH EASTERN DEVELOPMENT FINANCE CORPORATION
DISPUR
GUWAHATI- 781006
6:THE UNION OF INDIA
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF INDIA
MIN OF INDUSTRIES AND COMMERCE
DEPTT OF INDUSTRIAL POLICY AND PROMOTION
UDYOG BHAWAN
NEW DELHI
Advocate for the Petitioner : MS. M L GOPE
Advocate for the Respondent : SC
INDUSTRIES AND COMMERCE
Page No.# 8/8
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 24-01-2019 Heard Ms M L Gope, learned counsel for the petitioners and Mr A Kalita, learned Standing Counsel, Industries and Commerce Department, Government of Assam.
In WP(C) No. 7363 of 2018, the following order was passed on 12.10.2018:-
"On the next date, learned counsel for the respondents shall apprise the Court as to when the meeting of the State Level Committee will be held to consider claims of the claimants including that of the petitioner for refund of insurance amount paid under the Central Comprehensive Insurance Subsidy Scheme, 1997 and Central Comprehensive Insurance Subsidy Scheme, 2007"
Since then, time was sought for by learned Standing Counsel to obtain instructions. In the meantime, there has been change of Standing Counsel as well. For the aforesaid reason, last chance is granted to Mr Kalita, learned Standing Counsel to obtain instructions, failing which, Court may consider passing appropriate order(s) on the basis of materials on record.
List on 26.02.2019.
JUDGE Comparing Assistant