SHADI LAL ENTERPRISES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) This writ petition can be disposed of at this stage. This is an off-shoot of the writ petition originally filed by the petitioners before the Allahabad High Court for the crushing season ,for grant of interim prices claimed by the writ petitioners. It seems that Allahabad High Court granted interim price, which was higher than the notified price subject to the petitioners-sugar factories furnishing bank guarantee along with interest -amount 6 12% p.a. , Pursuant to interim order the petitioners furnished bank guarantee to the satisfaction of the Registrar of the Allahabad High Court. The writ petitions of the petitioners i.e. DCM Shriram Industries Ltd. and Siel Ltd. Writ Petition no.1989/1983 (Transferred Case no.54/1989). Sir Shadilal Enterprises Ltd. Writ Petition no.1840/1983 (Transferred Case no.55/1989) and Simbaoli Sugar Mills Ltd. Writ Petition no.5963/1983 (Transferred Case no.84/1988) after furnishing of the bank guarantee were transferred to Supreme Court. Supreme Court in Shri Malaprahba Co-operative Sugar Fawctory Ltd. Vs .Union of India "& .another (1994) 1 SCC 648 decided all the cases including the cases of transfer by the judgment dated 22.9.1993; Reliance has been placed by Mr.Sudhir Chandra, learned counsel appearing for the petitioners, on the Judgment of Supreme Court in Shri Malaprabha Co-operative Sugar Factory Ltd.'s case as decided in 1993 (supra).

(3.) Learned counsel has contended that, as a matter of fact, transfer cases were allowed by the Supreme Court. He has contended that in para-109 of the said Judgment, the Supreme Court specifically directed the Union of India to amend the notification taking in account the liability of the manufacturers under Clause 5-A of the Sugar-cane (Control) Order as regards to the cane price and refix the price of levy sugar having regard to the factors mentioned in Section 3(3-C) of the Essential Commodities Act. He has further contended that Government was further directed to issue amended notification by 31/12/1993. Lengthy arguments have been advanced on the basis of Shri Malaprahba Co-operative Sugar Factory Ltd., Vs. Union of india 1994) 1 SCC 648 as decided in 1993 as well as Shri Malaprahba Copp,, Sugar Factory Ltd. Vs Union of India & another (1997) 10 SCC 216 as decided in 1997. The relevant para on which reliance has been placed in shri malapraba co-operative sugar Factory Ltd' s case as decided in 1997 (supra) is as under :-