INDIAN BANK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ALL these Writ Petitions pertain to M/s. Siruguppa Sugars and chemicals, Gowribidanur in Kolar District (hereinafter referred to as ?the factory? ). Hence, they are clubbed together, heard and this common order is passed.

(2.) THE factory filed W. P. No. 44063/2001 praying to quash the order at Annexure-L dated 26. 9. 2001 passed by the Commissioner for cane Development and Director of Sugar (hereinafter referred to as ?the Cane Director?) and the Notice at Annexure-M dated 4. 10. 2001 issued by the Tahsildar calling upon the factory to pay rs. 4,23,75,000/- due to the cane growers (hereinafter referred to as ?farmers' towards the cane supplied with interest at 15% per annum within seven days.

(3.) THE Mysugar Co. Ltd. , (hereinafter referred to as ?the company?) has filed W. P. No. 45890/2001 seeking to quash the auction notice at Annexure-G dated 27. 11. 2001 issued by the tahsildar for auctioning the properties of the petitioner and to direct the factory to pay a sum of Rs. 86,56,459. 80 with interest. The said amount is claimed to be due towards the sugarcane supplied from 3. 5. 1992 to 30. 6. 1992. It is stated that the four cheques issued by the factory for a sum of rupees five lakhs each had been bounced and the Company has filed suit in O. S. No. 163/93 for recovery of the aforesaid amount. It is also stated that it has obtained attachment order before judgment against the factory.