High Court Patna High Court - Orders

The State Of Bihar &Amp; Ors vs M/S Gangotri Electrocasting Lt on 2 July, 2008

Patna High Court – Orders
The State Of Bihar &Amp; Ors vs M/S Gangotri Electrocasting Lt on 2 July, 2008
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                             LPA No.238 of 2008
                        THE STATE OF BIHAR & ORS
                                    Versus
                  M/S GANGOTRI ELECTROCASTING LTD.
                                  -----------

For the Appellant : M/S. Nilu Agrawal, G.A. 10 & Nirmala
Kumari, J.C. to G.A. 10
For the Respondents: Mr. S. D. Sanjay & Mr.Suraj Samdarshi

————

PRESENT
Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal

————

nd
Dated, the 2 July, 2008.

Appeal is admitted.

Mr. S. D. Sanjay waives service for the sole respondent.

In this view of the matter, notice need not be issued to the respondent.

Re: I.A. No. 1926 of 2008

Until further orders, operation of the impugned orders

dated 30.5.2007 and 10.9.2007 shall remain stayed. However, the

appellants are directed to re-calculate the admissible power subsidy at

the rate of 15 Paise per Unit under clause 6(ii)(b) of the Industrial

Incentive Policy, 1993 on commencement of the production from

8.6.1995 after installation of first furnace in accord with the policy of

1993. For the purpose of re-calculation of power subsidy, as directed

above, we permit the sole respondent to furnish complete material

before appellant no. 4 within one month from today. Appellant no. 4

shall consider the said material and pass appropriate order as early as

possible and, in no case, later than two months from the date of
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receipt of the material from the sole respondent. As per the said

order, if any further payment is required to be made to the respondent

towards power subsidy, the same shall be made within one month

thereafter.

It is made clear that the aforesaid exercise is without

prejudice to the contentions of the respondent in opposition to the

appeal. The I.A. stands disposed of.

R. M. Lodha, CJ

Kishore K. Mandal, J
AMIN/-