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1995 DIGILAW 817 (SC)

State of Andhra Pradesh v. Mc Dowell and Company

1995-07-21

B.P.JEEVAN REDDY, M.K.MUKHERJEE

body1995
JUDGMENT : 1. Issue notice. 2. Learned counsel appearing for the respondents accept notice. Notice to the unserved respondents, if any, Pasti service, in addition, is also permitted, post for final hearing on 13th October, 1995. Counters and rejoinders in the meanwhile. 3. Pending further orders status quo as on today shall he maintained. In other words, the respondents shall be permitted to manufacture their products with the existing stocks of raw material upto and inclusive of 16th August, 1995. They shall not continue their manufacturing operations beyond that date irrespective of the fact that their raw material or stocks have been exhausted or not. 4. The finished products manufactured by the respondents until now or which may be manufactured until 16th August, 1995 may be allowed to be cleared by the State in accordance with law and subject to the conditions laid down in the letter of the Commissioner of Prohibition and Excise No. 9736/95/Ex/J5 dated 24th May, 1995, referred to in the letter of the Commissioner dated 16th June, 1995. 5. The order of status quo shall not preclude the respondents from closing their units meanwhile, in accordance with law, if they are so advised. 6. It is stated by the learned counsel for the petitioners that the Governor of Andhra Pradesh is likely to issue an ordinance seeking to remove the alleged defects in the enactment and that this order shall not stand in the way. Obviously this order does not but the issuing of any such Ordinance. At the same time, we do not express any opinion on the effect or validity of the proposed Ordinance. That question will be gone into as and when necessary.