M/S M.L. Oil Alias Protein Pvt. Ltd. Ward No. 22 Rui Ki Mandi Morena (M.P.) Through Its Director Amt vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 8 OF SEPTEMBER, 2026
WRIT PETITION No. 33808 of 2026
M/S M.L. OIL ALIAS PROTEIN PVT. LTD. WARD NO. 22 RUI KI
MANDI MORENA (M.P.) THROUGH ITS DIRECTOR AMT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rajeev Shrivastava - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the State.
ORDER
This petition, under Article 226 of the Constitution of India, has been
filed by the petitioner seeking following reliefs:-
"(i) Direct the Respondents to consider and decide the
Petitioner's subsidy/incentive application dated 15-06-2022,
in accordance with law, within a time-bound period as may
be prescribed by this Hon'ble Court, by passing a reasoned
and speaking order.
(ii) Direct the Respondents, upon consideration of the
Petitioner's claim, to extend and grant the admissible benefits
of incentives/subsidy to the Petitioner with effect from
13.08.2021, in accordance with the applicable provisions of
the Madhya Pradesh MSME Development Policy, 2021, as
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM

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amended in September, 2023 and to assess, sanction and

release the amount of subsidy/incentive admissible to the
petitioner, together with all consequential benefits, within a
time-bound period
(iii) Grant any other relief, order or direction, including
the costs of the present petition, which this Hon'ble Court
may deem just, proper and expedient in the facts and
circumstances of the case and in the interest of justice."
Learned counsel for the petitioner submits that the petitioner is
engaged in the business of edible mustard oil and had established the edible
oil expeller unit after obtaining the requisite statutory registrations and
permissions. It is submitted that the petitioner, having made substantial
investment in plant and machinery, submitted its application dated
15.06.2022, Annexure P/8, claiming the incentive/subsidy. However, the said
application has remained undecided.
Learned counsel for the petitioner further submits that during the
pendency of the petitioner's claim, the State Government issued Government
Order dated 13.09.2023, Annexure P/13, whereby, inter alia, Entry No.12
from the list of ineligible industries under the MSME Development Policy,
2021 was deleted and Clause 5.5 of the said policy was substituted. It is
contended that the aforesaid amendment has a direct bearing upon the
petitioner's pending claim and, therefore, the application dated 15.06.2022 is
required to be considered in the light of the amended policy. It is further
submitted that no final decision has yet been taken by the competent
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM

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authority on the petitioner's pending application. Thus, the petitioner's

pending application may be decided in the light of the aforesaid amendment,
so that grievance of the petitioner may be redressed.
Learned counsel appearing for the State, on the other hand, submits
that the petitioner’s claim may be considered and decided by the competent
authority in accordance with the applicable policy, including the amended
provisions thereof, subject to the petitioner fulfilling the requisite eligibility
conditions and other statutory requirements. It is further submitted that, upon
such consideration, if the petitioner is found eligible for the benefits claimed,
the consequential benefits flowing from the amended provisions, including
the admissible incentive/subsidy, may be extended to the petitioner in
accordance with law.
Having heard learned counsel for the parties and having regard to the
nature of the grievance raised in the present petition, this Court disposes of
the present petition with a direction to respondent No.2, namely, the
Commissioner of Industries, Micro, Small and Medium Enterprises, Madhya
Pradesh, to consider and decide the petitioner's claim dated 15.06.2022,
Annexure P/8 to extend the admissible benefits of incentives/subsidy to the
petitioner with effect from 13.08.2021, in accordance with the applicable
provisions of the Madhya Pradesh MSME Development Policy, 2021, as
amended in September, 2023 and assess, sanction and release the amount of
subsidy/incentive admissible to the petitioner, together with all consequential
benefits as expeditiously as possible, preferably within a period of four
weeks from the date of receipt of a certified copy of this order.
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM

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With the aforesaid direction, the writ petition stands disposed of.

(MILIND RAMESH PHADKE)
JUDGE
pwn*

Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/9/2026
12:59:37 PM