Asok Kumar Ganguly, J. - (1.) This Letters Patent appeal has been filed by the Star Paper Mills Ltd., a company within the meaning of the Companies Act (hereinafter referred to as said Company) and one Sri Shyamal Kumar Chowdhury, impugning a judgment and order dated 30th September, 2005 passed by a learned Judge of the Writ Court whereby the learned Judge was pleased to dismiss the writ petition with costs of 200 GMs.
(2.) That Writ Petition 1C. R. No. 9817 (W) of 1982] was filed by the said company in 1982 challenging, inter alia, the Paper (Control) Order, 1979, as amended. All the three main prayers in the writ petition were directed against the said Control Order. Prayer for injunction was also made for restraining the respondents from giving effect to the said Control Order and there was also a prayer for injunction permitting the petitioner to sell white printing paper at the minimum retention price of Rs. 5633/- per tonne plus excise duty and other levies applicable to the release order holders and consignees.
(3.) Interim order issued by a learned Judge of the Writ Court on 12th July, 1982 was to the following effect: "In so far as the interim order is concerned, Mr. Dey appearing for the petitioner states on instruction that unless the petitioner is allowed to have retention price of Rs. 5633/- as against Rs. 4200/- which the impugned retention price, the petitioner will have to close down its business. The petitioners are prepared to give an undertaking not to deal with or dispose of its immovable assets pending disposal of the rule. There will be an interim order of injunction in terms of prayer (f) of the petition. The petitioners would have entitled to sell their white printing papers at the price of Rs. 5633/- per metric tonne pending disposal of the rule on the undertaking of the petitioner to Court through its Advocate-on-record Mr. A. K. Dey not to deal with or dispose of the immovable assets except on the usual course of business pending disposal of the rule. In so far as the excise duty payable on the higher price is concerned, the petitioner is directed to furnish a bank guarantee in favour of the Collector having jurisdiction over the subject- matter of the excise proceeding for the difference between the excise duty which is payable and the excise duty at the rate of 26.25%. Let a plain copy of this order signed by the Assistant Registrar (Court) be given to the learned Advocate for the parties.";