RAVANI, C.J. - (1.) Petitioner No. 1 is an existing company within the meaning of the Companies Act, 1956. Petitioner No. 2 is a shareholder thereof. Petitioners have challenged the legality and validity of the action of seizure of stocks of the following articles made on June 9, 1990 under the provisions of Essential Commodities Act, 1957 and under Rajasthan Trade Articles (Licensing and Control) Order, 1980 (for short 'the Order'): Hanuman Vanaspati 15 Kg. 3978 Tins Ashoka Vanaspati 15 Kg. 10081 Tins Hanuman Vanaspati 10 Kg. 540 Poly packs Hanuman Vanaspati 5 Kg. 800 Poly packs Hanuman Vanaspati 1 Kg. 188 Pouches Ashoka Vanaspati 1 Kg. 96 Pouches Refined Mustard Oil Ashoka 15 Kg. 5772 Tins The seizure was effected in exercise of powers conferred upon the appropriate officers of the Civil Supplies Department of the Govt. of Rajasthan under the provisions of the Essential Commodities Act, 1957 read with 'the Order'. The petitioners have also challenged the constitutional validity of Rajasthan Trade Articles (Licensing and Control) Order, 1980.
(2.) The petition was filed on July 28, 1990. On August 3, 1990 it was moved before learned single Judge (I. S. Israni J.) who passed an ad interim ex parte order. The operative portion of the said order reads as under: "In the facts and circumstances, I am inclined to stay the operation of order dated 9-6-90 (Annexure'F') regarding seizure of the edible oil and the petitioners shall be allowed to remove/dispose of the goods, provided they furnish a bank guarantee in the sum of Rs. 85 lacs, the said value of the Articles, to the satisfaction of the Additional Registrar (Judicial) of this Court within a period of seven days. The learned counsel also gives out that it, in any case, at any stage, the petitioners are required to replace the seized quantity of edible oil, they will be prepared to do that also. The Bank guarantee shall, in the first instance, be given for a period of three months." After the notices were served upon the respondents, arguments were heard with regard to the ad interim order. The learned single Judge, as per his order dated November 1, 1990, confirmed the ad interim ex parte order passed on August 3, 1990. The operative portion of the order dt. November 1, 1990, reads as under: "The stay order dated 3-8-90 is, therefore, confirmed and the Bank guarantee given by the petitioners shall continue till the writ petition is decided finally. It is further directed that if the petitioners have not given an undertaking regarding replacing the seized quantity of edible oil, the same shall be given by the petitioners to the Additional Registrar (Judicial) Rajasthan , High Court Bench, Jaipur, within a period of ten days, failing which, this stay order shall stand automatically vacated. Keeping in view the importance of the matter, it is also directed that the petition may be put up before the regular bench for final disposal on December 13, 1990."
(3.) Against the aforesaid order the respondents filed D. B. Civil Spl. Appeal No. 24/ 91. However, the same was dismissed for default on 23-4-1993.;