ASHOK ORGANICS INDUSTRIES LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Messrs. Gujchem Distillers India Limited, a Company incorporated under the Companies Act, 1956 is one of the petitioners in Special Civil Application Nos. 8877 of 1989 and 2916 of 1991. Messrs. Ashok Organics Industries Limited is one of the petitioners in Special Civil Application No. 6546 of 1991. In Special Civil Application No. 8877 of 1989, the relief which is claimed is as under :- (A) to declare the impugned notification at Annexure 'A' (Bombay Denatured Spirits (Guj. Amendment) Rules, 1988) to be illegal, unconstitutional, without jurisdiction, null, void and of no effect whatsoever from 25th October, 1989. They have also prayed for refund of vend fee collected, with interest at the rate of 18% per annum.

(2.) In Special Civil Application No. 2916 of 1991, the petitioners have challenged the Rules made in exercise of power conferred by clause (u) of sub-sec. (2) of Sec. 143 of the Bombay Prohibition Act, 1949 read with the proviso to sub-sec. (3) of the said Sec. 143. The Rules are known as : "The Bombay Denatured Spirit (Gujarat Amendment) Rules, 1988".

(3.) . The petitioners of Special Civil Application No. 6546 of 1991 have similarly challenged the Rules. Date : 20-6-2000