KRISHNA MURARI,J. - (1.) Heard Sri Shakti Swarup Nigam, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) Petitioner is a company duly registered under the Indian Companies Act, 1956 and is engaged in manufacture of crystal sugar through vacuum pan process. For the crushing season 2002-03, the company was served with a recovery certificate dated 01.10.2003 alleging that a sum of Rs. 1163.08 lac was due and payable by it towards arrears of cane price. The said coercive action was challenged by the petitioner by filing writ petition no. 47402 of 2003. The said writ petition came to be disposed of by a Division Bench of this Court vide judgement and order dated 10.12.2003 by making following observations : "Taking into consideration the facts and circumstances as brought on record as well as what has been noticed herein above, this writ petition is disposed of finally providing that the impugned demand shall not include any amount towards the State advised price as well as the unenforceable revised statutory minimum price. The demand already raised shall be scrutinized again expeditiously by the Cane Commissioner concerned after affording an opportunity of hearing to the petitioner and shall be rectified/modified accordingly within a period not later than a month from today. It is provided that during the interregnum no coercive measures shall be adopted by the respondents for recovering the amount in question."
(3.) The Cane Commissioner rejected the claim for rectification or modification of the recovery certificate only on the ground that the petitioner failed to make a representation and thereafter, the bank account of the petitioner's company was attached. Petitioner's company thereafter, made payment of Rs. 1163.08 Lac of the outstanding cane price through Cane Co-operative Society.;