- (1.) AGGRIEVED by the recovery of the subsidy amount of rs. 4,65,593/- vide order dated 19. 06. 2002, the petitioner-Company has challenged the same before this Court.
(2.) IN a nutshell the facts of the case are that the petitioner is a Private Limited Company registered under the companies Act, 1956. The petitioner-Company is duly registered with District Industries Center, Ajmer ('dic', for short ). A provisional registration certificate was granted by dic on 30. 03. 1993 for two years to the petitioner-Company which was extended for one year on 30. 03. 1995. Ultimately, a permanent registration certificate was granted on 28. 02. 1996.
(3.) THE petitioner-Company being a Tiny Unit applied for grant of state Capital Investment subsidy under State Capital investment Subsidy Scheme for new Industries, 1990 on 06th february, 1996 for an amount of Rs. 5,32,359/ -. Vide letter dated 15. 02. 1996, the General Manager, DIC pointed out two defects in the application for subsidy namely, (i) Rent deed of the premises not attached, (ii) Copy of registration of the petitioner unit not attached. The petitioner-Company was asked to supply above documents for taking further action. Meanwhile vide letter dated 28. 02. 1996, the petitioner-Company submitted additional documents, affidavit, copy of registration, copy of rent deed. After careful consideration of the petitioner's application, the District Level committee, in its meeting held on 19. 04. 1996, sanctioned a subsidy of Rs. 4,65,593/- to the petitioner. The sanction letter was issued by the DIC on 06. 05. 1996. Subsequently, vide letter dated 08. 07. 1996, the joint Director, DIC asked the petitioner-Company to get the lease deed duly registered and to furnish the copy of the same to the Department. Vide letter dated 29. 08. 1996, the petitioner-Company furnished all the required documents which includes guarantee deed, original title deeds, certificates, Registered lease Deed. In the first week of September, 1996 the Joint director, DIC in a personal meeting asked the petitioner-Company to furnish another copy of guarantee deed, title deed, certificate, Rent Deed etc. Vide forwarding letter dated 07. 09. 1996, the petitioner-Company submitted all the required documents. Ultimately, the respondents being fully satisfied on all aspect of the matter released the subsidy amount of rs. 4,65,593/-, which was received by the petitioner-Company on 16. 10. 1996. On 11. 03. 2002, the officers of DIC inspected the factory premises of the petitioner-Company. Vide letter dated 03. 04. 2002 the respondent No. 3 asked the petitioner-Company to supply certain documents to meet out the audit objections.;