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B. P. COLABAWALLA, FIRDOSH P. POONIWALLA
S. R. Thorat Milk Product Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
FIRDOSH P. POONIWALLA, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. By this Petition, what the Petitioner seeks is a direction to the respondents to pay to the Petitioner a sum of Rs.1,57,24,400/- towards Export Subsidy for export of Milk Powder as per the Government Resolution dated 31st July 2018. This relief is sought on the basis that the Petitioner, under the scheme of the GR dated 31st July 2018, exported 314.488 Metric Tons (MTs) of Milk Powder for which they were entitled to be paid Rs.50 per Kg of Milk Powder exported. According to the Petitioner, there is no dispute about the quantity of Milk Powder exported as well as the amount claimed by them because the correctness of the same have been determined by (i) a letter dated 11th June 2019 issued by the Dairy Development Officer, Nashik Division and (ii) an Order dated 4th March 2022 passed by Respondent No. 2 read with the report dated 26th May 2022 also given by Respondent No. 2 in the Petitioner’s case. Despite all this material, the Respondents have failed and neglected to pay the Export Subsidy to the Petitioner, and hence the present Petition.
3. Before we proceed to d
The court affirmed the petitioner's entitlement to an export subsidy under the Government Resolution, emphasizing equal treatment under Article 14 of the Constitution.
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The main legal point established in the judgment is that the retrospective denial of government benefits must be justified and cannot be arbitrary, as it violates the principles of promissory estoppe....
Subsidy claims under the Poultry Venture Capital Fund are contingent upon strict adherence to procedural guidelines; failure to comply negates entitlement, especially after scheme closure.
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