High Court of Punjab and HaryanaCWP/35101/2019disposed of

M/S Patiala Enterprises v. State Of Punjab And Others

2022-03-09Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:09.03.2022 M/s Patiala Enterprises ......Petitioner Vs State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Vishal Sodhi, Advocate for the petitioner.

Mr. Tarun Vir Singh Lehal, Addl., A.G., Punjab. (Through Video Conferencing) **** RAJ MOHAN SINGH, J. (Oral) [1].

The present writ petition has been preferred for the issuance of an appropriate writ in the nature of mandamus, directing the respondents to release the sanctioned investment incentive/subsidy of Rs.17,25,000/- along with interest @ 6% per annum from the date of its sanction till release of the payment.

[2].

Learned counsel for the petitioner has relied upon order dated 20.05.2011 passed in CWP No.19007 of 2002, order dated 01.11.2017 passed in CWP No.11984 of 2017, order

dated 19.04.2010 passed in CWP No.17028 of 2009, order dated 13.11.2018 passed in CWP No.27163 of 2018 and order dated 04.10.2019 passed in CWP No.28865 of 2019. [3].

In view of written statement filed by respondents No.1 to 3, it has been submitted that case of the petitioner being an industrial unit has been duly considered by the respondent/Department and after due consideration, amount of subsidy was sanctioned for disbursement vide office order dated 06.08.2020 and the amount stands credited in the bank account of the petitioner. Nothing is due towards the respondentDepartment. [4].

Learned counsel for the petitioner has admitted the receipt of subsidy amount, but has staked his claim towards interest as has been granted by this Court vide order dated 07.02.2018 passed in CWP No.3417 of 2018.

[5].

Admittedly, the subsidy was sanctioned on 14.02.2003, but in the aforesaid writ petition, interest was awarded to the petitioner therein @ 6.5% per annum from the date of filing of the writ petition. The present writ petition was filed on 29.11.2019.

[6].

As per stand taken in the written statement, the amount of subsidy stands released to the petitioner on 01.08.2020. [7].

In view of aforesaid, petitioner is entitled to interest @

6.5% per annum from 29.11.2019 till 06.08.2020 on the subsidy in accordance with law. Let the needful be done in the aforesaid context at the earliest.

[8].

Disposed of.

(RAJ MOHAN SINGH) 09.03.2022 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No