HINDUSTAN LEVER LTD Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed praying for a writ of certiorari quashing the impugned order dated 22.7.98 passed by the Mandi Samiti .... Copy of which is Annexre - 2 to the petition and for a writ of madamus restraining the respondent from recovering the amount including interest under the aforesaid order and for restraining the respondents 3 to 5 from with holding issuing of Gate Passes or taking any coercive action against the petitioners in future. There was also a prayer in the petition for declaring the explanation to section 17 (iii) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as Mandi adhiniyam) as ultra vires, but this prayers has not been pressed by the learned counsel for the petitioner.

(2.) We have heard Sri Shanti Bhusan learned counsel and Sri. Tarun Agarwal, learned counsel for the petitioners, and Sri B.D. Mandhyan learned counsel for the Krishi Utpadan Mandi Samiti,Etah

(3.) The facts of the case are that the petitioner is a Come in corporated under the Indian Companies Act having its registered office at Mumbai. Earlier the business was being run by M/s Lipton India Ltd. Which was amalgamated with M/s Brook Band India Ltd. With effect from 7.3.1994, and this company in turn was amalgamated with the petitioner Company M/s Hindustan Lever Ltd. With effect from 21.3.1997 .