- (1.) This Misc. Application is preferred in D.B. Civil Special Appeal (W) No. 560/2004 to have a direction for the respondents to disburse the amount of interest @ 18% per annum from 16.11.1999 to 31.3.2016 for the delayed payment under the "State Capital Investment Subsidy Scheme for New Industries- 1990".
(2.) Succinctly the facts of the case are that the applicant, an entrepreneur, submitted an application to have subsidy as per the Scheme of 1990. Being erroneously denied, the applicant preferred a petition for writ i.e. S.B. Civil Writ Petition No. 3031/2002 (Metro Cement Ltd. v. The Commissioner of Industries and Ors. ) before Single Bench of this Court, that came to be accepted on 16.2.2004 with a direction to release subsidy to the petitioner-Company that was allowed through the sanction letter dated 16.11.1999.
(3.) An appeal giving challenge to the judgment dated 16.2.2004 was preferred before this Court by the Commissioner of Industries, Jaipur; State of Rajasthan and the Joint Director, District Industries Centre, Jodhpur. The appeal aforesaid came to be dismissed by Division Bench on dated 18.2.2014 for the want of prosecution. Prior to that, on 12.8.2004 effect and operation of the directions given by the learned Single Bench was stayed but that order was modified on 20.12.2004 in the terms that "The ad interim order dated 12.08.2004 is confirmed with the modification that in case the appeal fails, the respondent will be entitled to get the amount of subsidy along with such rate of interest as the Court may decide at the time of deciding the appeal".;