SARASWATI INDUSTRIAL SYNDICATE LIMITED Vs. UNION OF INDIA
LAWS(DLH)-2007-1-34
HIGH COURT OF DELHI
Decided on January 29,2007

SARASWATI INDUSTRIAL SYNDICATE LIMITED Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

BADAR DURREZ AHMED, J. - (1.) This writ petition was argued on behalf of the petitioner as well as on behalf of the respondent. After going through the various submissions made by the counsel for the parties, it appears that the issue is entirely covered by the decisions of the Supreme Court in the case of Malaprabha Cooperative Sugar Factory Limited v Union of India : (1994) 1 SCC 648, Malaprabha Cooperative Sugar Factory Limited v Union of India : (1997) 10 SCC 216 and Bharat Sugar Mills Ltd and Another v Union of India and Ors decided on 21.04.1998 T.C. (Civil) Nos 15-40 of 1993. These decisions were of the Supreme Court. The entire issue has also been considered at length by a Division Bench of this court in the case of Hari Nagar Sugar Mills Limited v Union of India passed in Civil Writ Petition 2232/1984 on 19.10.2006.
(2.) The contention raised by the petitioner in the present petition is that the provisions of Clause 5A of the Sugarcane (Control) Order 1966 be given full consideration while fixation of price of levy sugar. The contention of the respondent hereto has been that Clause 5A of the said order need not be considered. However, the counsel for the parties agreed that the decisions of the Supreme Court in Malaprabha I and II (supra) as well as in Bharat Sugar Mills (supra) clearly indicate that Clause 5A of the said Order was interlinked with the provisions of Section 3(3C) of the Essential Commodities Act, 1955. In this context, the counsel also referred to the portion of the order of the Division Bench passed in Hari Nagar Sugar Mills Ltd (supra) wherein it is clearly indicated as under: "Thus once Clause 5A of the said Order has been held to be interlinked with Section 3 (3C) of the said Act, the exercise to be carried out in respect of price determination under Clause 3 (3C) would necessarily include an exercise under Clause 5A of the said Order. It has to be appreciated that the directions passed by this Court were not and cannot be one of fixing the price itself. The direction only is for the respondents to carry out an exercise as indicated by the decisions of the Apex Court."
(3.) The issue of whether the decisions of the Supreme Court in Malaprabha Cases as well as Bharat Sugar Mills (supra) was applicable for years other than 1982-83 has also been considered by the Division Bench in the case of Hari Nagar Sugar Mills Ltd (supra). The Division Bench concluded that except the year 1982-83, the said decisions would cover other years. The sugar years relevant to the present petition are 1980-81 to 2000-2001 except the sugar year 1982-83 for which the considerations are entirely different and for which the decision in M/s Modi Industries Ltd v Union of India : 1999(9) SCC 245 is to be followed. The year 1982-83 has been treated as an exceptional year and for all other years the decisions in the Malaprabha I and II (supra) and Bharat Sugar Mills Ltd (supra) have been followed.;


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