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2019 Supreme(Del) 1131

VIBHU BAKHRU
Moser Baer Solar Limited – Appellant
Versus
Ministry of Electronics & Information Technology – Respondent


Advocates Appeared:
Kamal Mehta, Adv., Akshay Makhija, Adv., Seerat Deep Singh, Adv., Nidhi Mohan Parashar, Adv., Pratyush Sharma, Adv.

JUDGMENT :

Vibhu Bakhru, J.

Cm No.8791/2019

1. Allowed, subject to all just exceptions.

W.P.(C) 1876/2019

2. The petitioner has filed the present petition, inter alia, impugning a letter dated 15.01.2019 (hereafter "the impugned letter") issued by the Ministry of Electronics and Information Technology (the respondent). Further, the petitioner prays that this Court issue directions to the respondent to disburse the subsidy amounting to Rs.269,70,00,000/- to the petitioner.

3. The petitioner is a company registered under the Companies Act, 1956 and is, inter alia, involved in the manufacture of Solar PV Cells and Modules. It is also engaged in the engineering, procurement and construction of solar power plants. The petitioner submits that it is entitled to subsidy under "The Special Incentive Package Scheme to Encourage Investments for Setting up Semiconductor Fabrication and other Micro and Nano Technology Manufacture Industries" (hereafter "the Scheme"), announced by the respondent vide a gazette notification dated 21.03.2007. The petitioner submits that even though insolvency proceedings initiated by one of its financial creditors are pending, it is entitled to the subsidy under the




























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