STATE OF MADHYA PRADESH Vs. VYANKATLAL

JUDGEMENT

(1.) The present appeal by certificate is directed against the judgment dated 28th April, 1969 of the High Court of Madhya Pradesh, Indore Bench.

(2.) The facts leading to this appeal are brief. The respondents are the owners of Jaora Sugar Mills situated at Jaora in the earlier State of Madhya Bharat. The erstwhile State of Jaora merged in the State of Madhya Bharat. After the merger the Madhya Bharat Essential Supplies (Temporary Powers) Act, 1948 came into force. By a notification No. 5163/XXX(49) dated 5th September, 1949 the Madhya Bharat Government in exercise of the powers vested under the said Act included 'sugar' in the list of articles as an essential commodity. By another notification No. 5166/XXX(49) dated the 5th September, 1949 the Madhya Bharat Government delegated its powers to issue orders under the said Act in favour of the Director, Civil Supplies, Madhya Bharat. In exercise of the powers conferred on him under the Madhya Bharat Sugar Control Order, 1949 the Director of Civil Supplies issued a notification No. 7 C. S. 15/50 dated the 14th January, 1950 fixing ex-factory prices for different sugar factories. Under the said notification all sugar factories in Madhya Bharat were to supply and despatch sugar of Grade E-27 at Rs. 32.4.0 per maund F.O.R. destination. The supply price was a little higher than the ex-factory price. The difference between the supply price and till ex-factory price was to be credited to Madhya Bharat Government Sugar Fund.

(3.) The appellant made several demands on the respondents, the proprietors of the Jaora Sugar Mills, to credit such difference in the account of Madhya Bharat Government Sugar Fund and the respondents ultimately deposited Rs. 50,000/- under protest.