V. N. Khare, J. - (1.) The appellants in these appeals are Co-operative Sugar Factories engaged in the business of manufacture of sugar in the State of Gujarat. On 15th June, 1972 the respondent issued an order known as Sugar Price Determination Order and on the same day the Levy (Sugar Control) Order, 1972 was issued under which the sugar manufacturers were required to sell sugar to the Union Government, State Government or their nominees at the controlled price of Rs. 124.59 per quintal for D Grade sugar. The appellants challenged the aforesaid Sugar Price Determination Order and Levy Control Order by means of separate petitions before the Gujarat High Court. In the writ petition there was a prayer for interim relief also. Interim prayer as contained in the writ petition reads as follows:"That pending the hearing of the petition your Lordships will be pleased to issue an interim injunction restraining the respondents their servants and agents and or their successors in office as the impugned orders requiring the petitioner to supply sugar to the State Government or Union Government or to their nominess at a price of Rs. 150/- per quintal."
(2.) The High Court by an order dated 31-7-1972 admitted the writ petition and granted interim order as prayed for in the writ petition. Subsequently on 29-8-1972, the stay order was made absolute. Some time in March, 1973 the writ petition came up for hearing and on that day the counsel for the appellant stated before the Court that by lapse of time the writ petition was rendered infructuous. Consequently the writ petition was dismissed with cost. After dismissal of the aforesaid writ petition the Parliament passed an Act known as Levy Sugar Price Equalisation Fund Act, 1976 (hereinafter referred to as the "Act"). One of the objects of the act was to make provisions for refund of excess realisation made by the sugar factories on the basis of interim orders issued by the Courts. After the Act came into force. Union of India filed separate applications for issuing direction by the High Court to the writ petitioners whose writ petitions were dismissed by the High Court to pay the difference of price between Rs. 124.59 and Rs. 150/- per quintal realised by them on account of interim order granted by the High Court along with interest. The High Court after hearing the matter directed the appellants to credit to levy sugar price equalisation fund the difference between the control price of Rs. 124.59 and the price realised by them in respect of levy sugar sold by them between 31-7-1972 to 12-3-1973. The High Court further directed that the appellants shall credit to the fund interest at the rate of 12-1/2% per annum on the excess realisation made by them. It is against this order the appellants came to this Court means of special leave petitions.
(3.) This Court granted special leave in all the appeals limited to the question as regards the liability of the appellants to pay interest on the amounts which they were called upon to refund the excess realisation meaning thereby that leave was refused to the extent the appellants were required to refund the excess realisation made by them. Thus the only question which is before us is, as to whether the appellants are liable to pay interest at the rate of 12-1/2% per annum on all the excess realisation made by them on the basis of interim orders obtained by them.;