VU RESINS PRIVATE LIMITED KAMAL KISHORE KHURANA DUJODWALA RESINS AND TERPENES PRIVATE LIMITED PRABHAT TURPENES AND SYNTHETICS PRIVATE LIMITED Vs. STATE OF JAMMU AND KASHMIR
LAWS(SC)-1990-4-47
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on April 26,1990

Vu Resins Private Limited Kamal Kishore Khurana Dujodwala Resins And Terpenes Private Limited Prabhat Turpenes And Synthetics Private Limited Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

VIJ RESINS PVT. LTD. AND ORS. VS. STATE OF J AND K AND ORS. [REFERRED TO]
VIJ RESINS PVT. LTD. AND ORS. VS. STATE OF J AND K AND ORS. [REFERRED TO]


JUDGEMENT

- (1.)While disposing of these writ petitions finally of the judgment+ it had been directed
"Connected proceedings had been taken for interim arrangement regarding provision of raw material to the petitioners and certain other parties. We do not propose to deal with those aspects in this judgment but liberty is given to parties to apply for such directions as they consider appropriate and such applications, when filed, will be dealt with separately. "

(2.)Pursuant to the liberty given, petitions were filed and so far as the year 1986-87 is concerned, by an order dated 10/01/1990, distribution of the stock in hand was finalised. While doing so this court pointed out: [1990 1 SCC 408, 410, para 6]
"These proceedings are connected with four years, namely, 1985-86, 1986-87, 1987-88 and 1988-89. Parties agree that in respect of the very first year, namely, 1985-86, no interlocutory order had been made by this court and, therefore, no further directions are necessary. Reservation was made pertaining to the yield of 1986-87 though Mr Ramaswamy, appearing for the State claims that the quantity was in respect of the entire litigation and, therefore, must be taken to cover all the years. From the various orders made by this court which the parties have relied upon and placed before us we find it difficult to accept Mr Ramaswamys submissions that the order of 20/01/1987, reserving 6500 metric tons of oleo resin gum related to the total period of litigation. . "

(3.)On 16/03/1990, the following order was recorded:
"Counsel appearing for the State of Jammu and Kashmir has disclosed in an affidavit the exact stock of resin available in the hands of the State for the year 1987-88 and makes a statement that in the previous year the entire stock has been made over to the nationalised JKI respondent 4. It is contended before us by counsel appearing for the various parties/allottees that there was an undertaking given by the State of Jammu and Kashmir in this court to hold the stock in terms of the order dated 25/09/1987 and to distribute the same to the allottees. Since the entire stock for the year 1987-88 has been given away to JKI and the stock available in the hands of the State is 7,000. 00 metric tons which is said to be the yield of 1988-89 collected during the months of March and October 1989 and in view of the fact that the undertaking given to this court 1989 3 SCC 115518 has not been followed the present stock would be available to be allocated to the parties in terms of their entitlement. We direct that the two officers being the secretary of Industries and the Principal Conservator of Forests of Jammu and Kashmir should draw up a list of allocation of the stock to the different allottees such as a medium scale and small scale industries operating within the State. The two officers shall also consider allocation. The draft allotment should be placed before the court on 17/04/1990 but copies of the same should be circulated by 10/04/1990. . . Any unlifted stock in the hands of the Authority shall also be kept as reserved. The unlifted quota of 600 metric tons released to JKI by January 1990 shall be taken as reserved. "

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