INSTAPOWER LTD vs UNION OF INDIA & ANR.

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 329/2025 Date of decision: 06.05.2026 IN THE MATTER OF:- INSTAPOWER LTD .....Petitioner Through: Mr. Aayush Agarwala and Ms. Mukti Heliwal, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Rakesh Kumar SPC CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The present petition has been filed challenging the decision taken by the respondents to reject the application of the petitioner for grant of subsidy under the Central Capital Investment Scheme, 2003 for Industrial Units in the States of Uttaranchal and Himachal Pradesh (“Subsidy Scheme”). It be noted that vide various communications, the intimation was sent to the petitioner regarding its disentitlement. The final communication is dated 23.09.2024. 2. Mr. Aayush Agarwala, learned counsel points out that the entire dispute is with respect to entitlement of the petitioner qua the investment Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed Signing Date:08.05.2026 By:PURUSHAINDRA 19:19:53 KUMAR KAURAV incurred in building infrastructure. He, thus, submits on the strength of communication dated 23.09.2024 that nothing lies in Uttrakhand and the Court in Delhi is competent to decide the controversy. According to him, only interpretation of the scheme and the necessary compliance is the subject matter. He has placed reliance on the decision of the Supreme Court in the case of Nawal Kishore Sharma vs. Union of India and others.1 3. The Court, however, finds that the entire dispute relates to the entitlement of the unit set up within the State of Uttrakhand. The scheme itself applies to the unit. 4. This Court under almost similar circumstances in various cases has declin