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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Aquatic Pipes And Tubes Pvt. Ltd. Through Its Chief Executive Officer Shri Indrajeet Bachheria – Appellant
Versus
State Of M.P. Through Principal Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for subsidy under msme scheme. (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's arguments on misinterpretation of the scheme. (Para 7 , 8) |
| 3. court's analysis of subsidy eligibility criteria. (Para 9 , 11 , 12 , 13 , 15 , 17 , 18) |
| 4. court's directive to quash earlier orders and allow subsidy. (Para 19 , 20 , 22) |
ORDER :
SUBODH ABHYANKAR, J.
1.Heard.
2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
“1. Appropriate writ, Direction or Order in the nature of certiorari or other to quash the orders dated 04.08.2023 passed by Respondent Nos. 3 and 4 (Annexure P/), order dated 19.12.2023 (Annexure P/) passed by Respondent No.2 in appeal and order dated 4.10.2024 (Annexure P/) passed by Respondent No.1 in second appeal.
2. Appropriate writ, Direction or Order in the nature of mandamus or other to direct the Respondents to remit the amount of subsidy at the rate of 40% of the total invested value of Rs.509 lakhs + 107 lakhs to the petitioner in terms of the M.P. MSME Protsahan Scheme and Policy of 2019.
3. Appropriate writ, Direction or Order in the nature of mandamus or other to direct
The court emphasized that the eligibility for subsidy under the MSME Scheme is based on installed capacity rather than actual production figures, rejecting the erroneous interpretation by the authori....
The court established that clear definitions and justifications are essential in administrative decisions regarding subsidies under incentive schemes.
The main legal point established is that the entitlement to subsidies under the WBSSIS-2008 should be determined based on the specific provisions of the Scheme, and the refusal of subsidies based on ....
The main legal point established in the judgment is that the fulfillment of conditions is essential for receiving government subsidies, and the doctrine of promissory estoppel may not apply if the co....
Delay in project completion due to external factors like a pandemic does not justify denial of government subsidy under agricultural development schemes.
A delay in project completion caused by COVID-19 pandemic conditions is justifiable, and subsidy claims should not be denied based on arbitrary deadlines.
The principle of estoppel prevents authorities from withdrawing subsidies once granted, especially when businesses have acted on the original policy.
The court confirmed that electrical installations essential for plant operations qualify for subsidy under the CCISS, rejecting previous misconceptions about their eligibility.
Strict interpretation of subsidy schemes and the burden of proving eligibility lies with the petitioner.
The court affirmed that companies meeting criteria under the Bihar Industrial Incentive policies are entitled to interest subsidies from the commencement of commercial production, irrespective of pri....
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