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1998 DIGILAW 968 (SC)

BHARAT SUGAR MILLS LTD. v. UNION OF INDIA

1998-08-19

G.B.PATTANAIK, SUJATA V.MANOHAR

body1998
ORDER 1. All these cases deal with determining the minimum price of levy sugar for the year 1982-83 in the zones of Central U.P. and North Bihar. We have e seen the additional affidavit dated 11-6-1998 filed by Shri Surendra Kumar, Joint Secretary, Government of India setting out the manner in which minimum price for levy sugar for 1982-83 had been determined. The very same determination of minimum price of levy sugar for the year 1982-83 was under challenge in Modi Industries Ltd. v. Union of Indial. A Bench of three Judges of this Court by their order dated 20-2-1996 after noting that the f minimum cane price had been fixed for the year 1982-83 under Section 3(3C)(a) of the Essential Commodities Act has also noticed that the additional cane price payable under clause 5-A of the Sugar (Control) Order, 1996 had not been taken into account nor was there any mopping up of excess realisation on free sale sugar while fixing the price of levy sugar for the year 1982-83. This Court has held that the matter was not covered by the decision g of this Court in Shri Malaprabha Coop. Sugar Factory Ltd. v. Union of India3 and had dismissed the transferred case. Our attention has been drawn to Shri Malaprabha Coop. Sugar Factory Ltd. v. Union of India2. In para 13 of that decision this Court has expressly noted the decision in Transferred Case No.9 of 1990 (supra) and has held that the first Shri Malaprabha case did not affect the Transferred Case (Civil) No. 9 of 1990. The decision in h Transferred Case (Civil) No.9 of 1990 is directly applicable to the present set of transferred cases which also deal with the same price fixed for the season 1982-83. In view thereof, these transferred cases are also dismissed. 2. The respondents apply for extension of time for fixing the price of sugar under our order of 21-4-1998 pertaining to TCs (Civil) Nos. 18-20, 2328, 30, 32-36 and 38-39 of 1993. The time is extended by six weeks from today.