MUNICIPAL COUNCIL, YAMUNANAGAR Vs. BHARAT STARCH INDUSTRIES LTD

JUDGEMENT

(1.) RESPONDENT filed the instant suit seeking the following relief:

(2.) IT was pleaded on behalf of the plaintiff -respondent that the Company is having a manufacturing unit at Yamunanagar. The appellant -Municipal Council vide letter dated 24.07.2001 requested the respondent -Company for supply of information regarding number of generator sets installed therein. The said information was duly provided. However, the appellant sent a notice bearing No.1869 dated 08.10.2001 requiring the respondent -Company to deposit a sum of Rs. 2,33,400 as licence fee for the year 2001 -02 within seven days and also to obtain a licence thereof for running the generator sets. Again vide notice dated 29.10.2001, the appellant required the respondent - Company to deposit the aforesaid amount on account of licence fee for generator sets and further threatened to initiate coercive action under the provisions of Land Revenue Act for getting the recovery thereof. Thus, the instant suit was filed alleging that the aforesaid notices issued by the appellants were not in conformity with law and suffer from grave illegalities and infirmities besides being arbitrary, without jurisdiction and competence, inter alia on the following grounds:

(3.) THUS , it was prayed that the defendant -appellant be restrained from forcing the plaintiff -Company to obtain any other licence in the premises of the factory by depositing licence fee for running of generator sets and also from taking any coercive action against the plaintiff and its factory on the basis of impugned notices.