Rajasthan High Court - Jaipur
Rcs Vanaspati Industries Ltd A vs State And Ors (2023:Rj-Jp:33371-Db) on 6 November, 2023
Bench: Manindra Mohan Shrivastava, Shubha Mehta
[2023:RJ-JP:33371-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 2357/2001
1. RCS Vanaspati Industries Limited, 164-181, Industrial Area,
Jhotwara, Jaipur-302 012.
2. Shyam Sunder Sharma, son of late Shri Amar Nath Sharma,
aged about 55 years, resident of Heerapura, Ajmer Road, Jaipur.
----Petitioners
Versus
1. State of Rajasthan through the Commissioner of Commercial
Taxes, Rajasthan, Jaipur.
2. The Commercial Taxes Officer, 'E' Circle, Jaipur.
3. District Level Screening Committee, through the General
Manager, District Industries Centre, Jaipur.
4. Board for Industrial and Financial Reconstruction Jwahar
Vyapar Bhawan, Tolstoy Marg, New Delhi.
----Respondents
For Petitioners : Ms. Gaurika Bhansali Advocate.
For Respondents : None.
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 06/11/2023
1. Heard.
2. This petition was filed in the year 2001 seeking following reliefs:
"It is, therefore, most respectfully prayed that this Honourable Court may graciously be pleased to accept this writ petition and -
i) by issue of a writ of Mandamus, or any other appropriate writ, order or direction in the nature thereof direct the Nonpetitioner Board of Industrial and Financial Reconstruction not to recommend the case of the Petitioner Company to the Rajasthan High Court for winding up of the same;
ii) by issue of an appropriate writ, order or direction in the nature thereof quash and set aside the (Downloaded on 11/11/2023 at 09:08:16 PM) [2023:RJ-JP:33371-DB] (2 of 2) [CW-2357/2001] direction contained in the Minutes of 19th December, 1995 (Annexure 11) requiring the Petitioner Company to obtain information from the State Government with regard to the final dues against the Petitioners and the mode of payment of the same, as contained in para 13 (e) thereof;
iii) by issue of an appropriate writ, order or direction in the nature thereof quash and set aside the Notification dated 27th March, 1995 and the letter dated 19th October, 1995 (Annexure 8) whereby the Petitioner Company producing vegetable ghee and vegetable oil has been included in the negative list for purposes of grant of sales tax incentive; and declare that the Petitioner is entitled to 50% incentive in the matter of sales tax;
iv) award costs of this writ petition to the Petitioner;
and
vi) grant such other and further relief/s, as may be deemed just and expedient in the circumstances of the case so as to give full relief to the Petitioners."
3. It is not in dispute that after filing of the present writ petition, in the course of time, the Sick Industrial Companies (Special Provisions) Act, 1985 has itself been repealed. Therefore, at this stage, no relief can be granted to the petitioners.
4. We, however, leave the petitioners to work out such remedy as may be available to them under any subsequent legislation. Moreover, this order shall not come in the way of taking all such defences which may be available to the petitioners under the law in any pending case with regard to winding up of the petitioner- company.
5. Writ petition is, accordingly, disposed off. (SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J MANOJ NARWANI /19 (Downloaded on 11/11/2023 at 09:08:16 PM) Powered by TCPDF (www.tcpdf.org)