Supreme Court - Daily Orders
M/S Prachi Leathers (Pvt) Limited vs Union Of India . on 22 March, 2018
Bench: Adarsh Kumar Goel, Rohinton Fali Nariman, Uday Umesh Lalit
Civil Appeal @ S.L.P. (C) No. 13066/2017 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3176 OF 2018
(Arising out of S.L.P. (C) No. 13066 of 2017)
M/S PRACHI LEATHERS (PVT) LIMITED Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
Leave granted.
The claim of the appellant under the Integrated Development of Leather Sector (“IDLS”) Scheme has been rejected mainly on the ground that it had applied in Self Finance category but it availed loan and it had also purchased machinery before 1.01.2011.
We find that disbursement of subsidy could not be withheld only on the ground that the appellant shifted from ‘Bank finance’ category to ‘self finance’ category as the Scheme applied to both categories. Since the appellant had applied prior to coming into force of 12th Plan, purchase of machinery prior to 1.01.2011 was no disqualification. It is Signature Not Verified not disputed that subsidy has already been sanctioned. Digitally signed by ASHOK RAJ SINGH Date: 2018.03.24 11:54:46 IST Reason: Civil Appeal @ S.L.P. (C) No. 13066/2017 2 Accordingly, we set aside the impugned order and direct that the subsidy be disbursed to the appellant within one month.
The appeal is allowed in the above terms.
…...…................J. (ADARSH KUMAR GOEL) ...….…................J. (ROHINTON FALI NARIMAN) ...….…................J. (UDAY UMESH LALIT) NEW DELHI, MARCH 22, 2018 Civil Appeal @ S.L.P. (C) No. 13066/2017 3 ITEM NO.16 COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Special Leave to Appeal (C) No(s). 13066/2017 (Arising out of impugned final judgment and order dated 29-11-2016 in WC No. 56385/2016 passed by the High Court Of Judicature At Allahabad) M/S PRACHI LEATHERS (PVT) LIMITED Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 47205/2017) Date : 22-03-2018 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Gaurav Khanna, AOR For Respondent(s) Mr. M.M. Abbasi, Adv.
Mr. Shakil Ahmed Syed, AOR Mr. K. Radhakrishnan, Sr. Adv. Mr. Vijay Prakash, Adv.
Mr. Rajat Nair, Adv.
Mrs. Anil Katiyar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(SUSHIL KUMAR RAKHEJA) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)