BHOPAL SUGAR INDUSTRIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) LEAVE granted.

(2.) THE challenge in Civil Appeal No. .. of 1997 [arising out of SLP (C) No. 7764 of 1981] and the connected matters is to the judgment of the High Court dated 3.4.1981 in Miscellaneous Petition No. 707 of 1978. Both sides are partly aggrieved by the judgment. The challenge in the appeals filed by the owners of the sugar factories is only to the construction of clause 3 (1) (e) of the Sugarcane (Control) Order, 1966 while the challenge by the Union of India is on two other points relating to the method of rounding off and the rebate which has been rejected by the High Court. There is nothing shown to us in the appeals of the Union of India to suggest any infirmity in the High Court's order on the two points of rounding off and rebate. The appeals of Union of India must, therefore, fail.

(3.) LEARNED counsel for the appellant submits that these appeals were wrongly decided along with (Shri Malaprabha Coop. Sugar Factory Ltd. v. Union of India) (1994) I SCC 648 because these appeals are different from those decided by that judgment. Assuming this to be so, these I As filed for clarification/modification of the judgment dated 22.9.1993 in Civil Appeals Nos.122 -123 of 1981 are not maintainable and the remedy of the appellant would be different. There is no question of clarification or modification of that judgment. It is open to the appellant to seek the appropriate remedy. These applications are, therefore, dismissed.