Patna High Court
M/S Responce Renewable Energy ... vs The State Of Bihar on 12 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5932 of 2020
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M/s Responce Renewable Energy Private Limited a Private Limited Company
incorporated under the provisions of Companies Act, 1956, having its
registered office at 13, Brabourne Road, Mezzanine Floor, Kolkata- 700001,
West Bengal, through its General Manager namely Sant Prasad, (Male), aged
about 43 Years, Son of Sri Dudh Nath Tiwari, Resident of Babura House,
Baldeo Sahai Road, P.S. Kadamkuan, Town and District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Industry,
Government of Bihar, Patna.
2. The Director of Industries, Department of Industry, Government of Bihar,
Patna.
3. The General Manager, District Industry Centre, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.D.Sanjay, Sr. Advocate
Ms. Priya Gupta, Advocate
For the State : None
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 12-07-2021
Heard learned counsel for the petitioner through video
conference.
2. The present writ petition has been filed for the
following reliefs as formulated by the petitioner--
"(i) For issuance of writ/direction/order,
directing the respondents to forthwith
reimburse the interest subsidy of 2% for the
period 01.04.2017 to 31.07.2018 and
subsequent there upon, on the term loan of
an amount of rupees 49.92 crores availed
from the State Bank of India, by the
Patna High Court CWJC No.5932 of 2020 dt.12-07-2021
petitioner Company as promised under the
Industrial Incentive (Amendment) Policy,
Bihar, 2014 vide letter bearing letter
no.11/Patna dated 05.01.2015, as the same
has not yet been credited in the account of
the petitioner company despite fulfillment of
eligibility conditions.
(ii) For a declaration that the petitioner is
entitled for the interest subsidy from the date
of its production i.e. since 30.03.2017 till 7
years as promised by the Respondents under
the Industrial Incentive (Amendment) Policy,
Bihar, 2014 vide letter bearing letter
no.11/Patna dated 05.01.2015.
(iii) For a declaration that the respondent
cannot deny the benefits promised under the
Industrial Incentive (Amendment) Policy,
Bihar, 2011 as amended by Industrial
incentive (Amendment) Policy, Bihar, 2014
as the petitioner company fulfilled all the
eligibility criteria as required under the said
policy.
(iv) For a direction to the Respondents from
grant of subsidies at the earliest to save the
Petitioner's unit as it is suffering due to non
imbursment of the amount of interest subsidy
of 2% on term loan; and/or for any other
relief(s) for which the petitioner may be
found entitled to in the facts &
circumstances of the present case."
Patna High Court CWJC No.5932 of 2020 dt.12-07-2021
3. At the very outset, Mr. S.D.Sanjay, learned Senior
Counsel appearing on behalf of the petitioner, states on
instructions that a representation dated 22.06.2021 has been
filed before the concerned authority namely, the Additional
Chief Secretary, Department of Industries, Govt. of Bihar, Patna
(earlier designation was Principal Secretary, Respondent No. 1),
which is still pending. It is submitted that if a direction is issued
for disposal of such representation, the present writ petition
need not be pressed on merits.
4. None appears on behalf of the State when the matter is
called.
5. Having regard to the nature of the grievance as well as
the stand of the petitioner, the writ petition is disposed of with a
direction to the Additional Chief Secretary, Department of
Industries, Govt. of Bihar, Patna (Respondent No. 1) to consider
and dispose of the aforesaid representation dated 22.06.2021, if
still pending, on its own merit in accordance with law after grant
of opportunity of hearing to the petitioner expeditiously and
preferably within a period of eight weeks from the date of
receipt/production of a copy of this judgment. To facilitate
disposal, the petitioner shall furnish their mobile number and
email ID to the concerned respondent within a week from today.
Patna High Court CWJC No.5932 of 2020 dt.12-07-2021
6. It is made clear that in view of the ongoing Covid-19
pandemic, any correspondence between the parties may be
made through email and the petitioner shall be at liberty to
request for hearing through video conference.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 13.07.2021
Transmission Date N/A
