Case Note & Summary
The case involves a writ appeal filed by the Government of India against an order dated 16.11.2022 in W.P.No.13441/2019. The Government had announced a 30% subsidy for establishing leather industries. The respondent, Globalution Shoes Pvt. Ltd., applied for the subsidy. The application was rejected on the sole ground that the address given in the application did not match the address in the certificate issued by the Department of Industries and Commerce. The appellant's counsel pointed to a letter dated 12.09.2018 showing the respondent's address as 'M/s.Globalution Shoes Pvt. Ltd., No.2/24, Amman Nagar, Melmonavur, Vellore – 632 010', while the certificate showed 'SF.No.293/2A, Door No.2/24, Melmonavur Village, Amman Nagar, Vellore Block & Taluk, Vellore District, Pin 632 010'. The court compared the addresses and noted that the appellant did not claim there were two entities. The court found the discrepancy minor and held that it could not be a ground to reject the subsidy. The appeal was allowed, the writ order was set aside, and the respondent was directed to process the application within four weeks.
Headnote
A) Subsidy Law - Government Scheme - Address Discrepancy - Rejection of Application - The Government of India announced a 30% subsidy for establishing leather industries. The respondent's application was rejected solely because the address in the application did not tally with the address in the certificate issued by the Department of Industries and Commerce. The court compared the addresses and found that the discrepancy was minor and did not indicate two different entities. The court held that such a trivial discrepancy cannot be a ground to deny the subsidy. (Paras 1-4)
Issue of Consideration
Whether the rejection of a subsidy application on the sole ground of a minor address discrepancy between the application and the certificate issued by the Department of Industries and Commerce is sustainable in law.
Final Decision
The Writ Appeal is allowed. The order dated 16.11.2022 in W.P.No.13441/2019 is set aside. The respondent is directed to process the application within four weeks.
Law Points
- Subsidy scheme
- address discrepancy
- substantial compliance
- rejection of application
- government scheme
- right to subsidy
