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M/S Vimla Sheet Grih Cold Storage vs Union Of India And Others

High Court Of Judicature at Allahabad|30 July, 2010

JUDGMENT / ORDER

Hon'ble Rajesh Chandra,J.
Heard learned counsel for the petitioner, Sri A.K. Rai, learned counsel for the respondent-Bank and learned A.S.G.I. for the Union of India.
Argument is that amount of subsidy was released and it is thereafter the time for the purpose was extended and petitioner was to give the completion by 20.8.2007 and it is in between, petitioner got the interim protection for running of the cold storage, which is clear from documents which are on record and thus without giving any notice/opportunity to the petitioner, the direction given to the respondent to refund the amount of subsidy, cannot be said to be justified and that is to cause irreparable loss and injury to the petitioner and thus respondents are to come before this Court with detail version about non compliance on the part of the petitioner so as to take advantage of the amount of subsidy so realised.
A perusal of the order impugned in this petition makes it clear that things are to be further verified and various allegations in respect to non completion has to be replied.
This matter needs to be decided.
Notice meant for respondent no. 1 has been accepted by Sri Puneet Kumar Upadhyay, Advocate and notice meant for respondent no. 4 has been accepted by Sri A.N. Rai, Advocate.
Issue notice to respondent nos. 2 and 3. Steps be taken within ten days.
List in the first week of September, 2010.
Till the next date of listing, respondents will not be compelled to refund the amount of subsidy which has already been released for the purpose of the petitioner.
Order Date :- 30.7.2010 Prabhat
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Title

M/S Vimla Sheet Grih Cold Storage vs Union Of India And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2010