Disposed¶34

Pmi Electro Mobility Solutions Pvt. Ltd. v. Union of India

Delhi HC14 Jan 2025W.P.(C)/8677/2024

Case brief

AI extract

What is this about?

FAME-II Scheme phase-II non-compliance; PMI Electro Mobility Solutions Pvt. Ltd. v. Union of India; Ministry of Heavy Industries; Joint Committee (ICAT and ARAI) inquiry; complaints not substantiated; inquiry closed vide communication dated 13.01.2025; impugned communication dated 05.12.2023 directing refund of INR 280,59,00,687/- and cancellation of incentive claims; petition disposed of; liberty to circulate closure decision; Justice Sachin Datta; decided 14.01.2025.

What did the court decide?

Petition disposed of on the respondent's closure of the FAME-II inquiry; petitioner permitted to circulate the respondent's closure decision to the entities marked on the impugned communication dated 05.12.2023. ¶34

Pmi Electro Mobility Solutions Pvt. Ltd. Vs Union of India — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether, in view of the respondent's closure of the inquiry into the complaints against the petitioner (communication dated 13.01.2025), any further action remained warranted against the petitioner under the impugned communication dated 05.12.2023 declaring it non-compliant with phase-II of the FAME-II Scheme.

¶30

Court's answer

Taking on record the position (conceded by counsel for the respondent) that, in view of the respondent's communication dated 13.01.2025 closing the inquiry into the complaints, no further action was warranted against the petitioner under the impugned communication dated 05.12.2023, the Court disposed of the petition.

¶34

Ratio / Principle

The petitioner is at liberty to circulate a copy of the respondent's decision (closure of the inquiry) to the concerned entities to which the communication dated 05.12.2023 was marked.

¶35

Detailed headnote1 paragraphs

Delhi High Court (Sachin Datta, J.) disposed of W.P.(C) 8677/2024, PMI Electro Mobility Solutions Pvt. Ltd. v. Union of India, on 14.01.2025. The petition had challenged a communication dated 05.12.2023 of the respondent (Ministry of Heavy Industries) declaring the petitioner non-compliant with phase-II eligibility requirements of the FAME-II Scheme, directing refund of INR 280,59,00,687/- of availed incentives and cancelling all pending incentive claims. During the hearing, the respondent produced a communication dated 13.01.2025 recording that a Joint Committee of test agencies ICAT and ARAI, appointed vide MHI letter dated 04.01.2024, had found the complaints against the petitioner unsubstantiated, that the competent authority had accepted the report on the PMA's recommendation, and that the inquiry stood closed. Counsel for the respondent conceded that no further action was warranted against the petitioner under the impugned communication. Taking that position on record, the Court disposed of the petition and left the petitioner free to circulate the closure decision to the entities marked on the 05.12.2023 communication.

¶1

$~4

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 8677/2024 and CM APPL.35468/2024

¶4

PMI ELECTRO MOBILITY SOLUTIONS PVT. LTD. .....Petitioner

¶5

Through: Mr. Rajiv Nayar, Sr. Advl, Mr. Ashish Dholakia, Sr. Adv. alongwith Mr. Manu Nair, Mr. Neelabh Shreesh, Mr. Aditya Singh, Mr. Sumant Narang, Mr. Rahul Kumar, Mr. Aryan Roy and Ms. Ananya Narain Tyagi, Advs.

¶6

versus

¶7

UNION OF INDIA .....Respondent Through: Mr. Rakesh Kumar, CGSC and Mr. Sunil, Adv. for UOI.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 14.01.2025

¶10

The present petition assails a communication no. F. No. 12(62)/2023AEI/PMI Electro Mobility Solution Limited/Violation (26248) dated 05.12.2023, issued by the respondent whereby it declared that the petitioner is non-compliant with the eligibility requirements of phase-II of the Faster Adoption and Manufacturing of Electric Vehicles ( FAME-II ) Scheme and directed (i) that the petitioner should refund the incentives in the amount of INR 280,59,00,687/- that has been availed by the petitioner, and (ii) all claims for incentives filed by the petitioner as on the said date stands cancelled.

¶11

Learned counsel for the respondent informs that a communication dated 13.01.2025 has been addressed to the petitioner which reads as under:

¶12

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 15:34:05

¶13

“ No. 12(62)/2023-AEI (26248)

¶14

Government of India Ministry of Heavy Industries AEI Section ******* Udyog Bhawan, New Delhi Dated : 13.01.2025

¶15

¶16

M/s PMI Mobility Solutions Private Limited Through Managing Director At-BB-II, Greater Kailash Enclave – II New Delhi – 110048

¶17

Subject : Phased Manufacturing Programme (PMP): FAME II Scheme – Inquiry by Joint Committee of complaints against M/s PMI Electro Mobility Solutions Private Limited:

¶18

Sir,

¶19

This is with reference to the subject matter above.

¶20

2. Please refer to the MHI letter no. 12(62)/2023-AEI dated 04^th Jan 2024, vide which joint enquiry was ordered to the conducted by a Joint Committee comprising of test agencies ICAT and ARAI.

¶21

3. The Joint Committee, after carrying out examination in the matter, has concluded that complaints have not been substantiated. On the recommendation of the PMA, the competent authority has accepted the report.

¶22

4. Accordingly, the inquiry against PMI stands closed.

¶23

5. This issues with the approval of the Competent Authority.

¶24

Yours faithfully,

¶25

Sd/(Ajay Kumar) Under Secretary to the Government of India Tel: 011-23061531

¶26

Copy for information and necessary action to:-

1. GM, PMA (IFCI)

2. Director, ARAI

3. Director, ICAT”

Learned counsel for the respondent is not in a position to refute that in view of the aforesaid, no further action is warranted against the petitioner

¶31

This is a digitally signed order.

¶32

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 15:34:05

¶33

under the impugned communication dated 05.12.2023.

¶34

Taking on record the aforesaid position, the present petition is disposed of.

¶35

The petitioner is at liberty to circulate a copy of the aforesaid decision taken by the respondent to the concerned entities to which communication dated 05.12.2023 was marked.

¶36

SACHIN DATTA, J

¶37

JANUARY 14, 2025/ cl

¶38

This is a digitally signed order.

¶39

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 15:34:05

Pmi Electro Mobility Solutions Pvt. Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

Pmi Electro Mobility Solutions Pvt. Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sudesh Vs Principal Commissioner of Income Tax, DELHI-15 and Anr.

Nafis-Ul-Afiin Vs Union of India and Anr.

Kirpal Singh Vs Superintendent Range 118 Central Goods and Service Tax & Anr.

Mrs. Manju Jain Vs Managing Committee of Dayanand Model Secondary School and Anr.

M/S S.H. Enterprises Vs Principal Commissioner of Goods and Service Tax East Delhi

Prashant Reddy T. Vs Union of India and Anr.

Mandeep Kumar Vs Union of India & Ors.

Hawkers Surksha Foundation Vs Union of India and Ors.

Apar Gupta Vs Central Public Information Officer, Mha & Ors.

Savita Mishra Vs Govt of NCT and Anr.

Ms Regi Schipper Vs Union of India and Ors.

Ahlaia Nohina Vs Union of India & Ors.

Arvind Verma @ Arvind Kumar Verma Vs Govt. of NCT of Delhi and Others

Dharambir Singh Vs State of NCT of Delhi & Ors.