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1996 Supreme(SC) 1395

G.N.RAY, G.T.NANAVATI
H. P. Marketing Board – Appellant
Versus
Shankar Trading Company Private LTD. – Respondent


JUDGMENT

G.N. Ray, J.-Leave granted. Heard learned counsel for the parties.

2. The questions raised for decision in the appeal are as to whether the respondents Nos. 1 to 3 who purchased Khairwood and processed the same and manufactured katha are producers within the meaning of the Himachal Pradesh Agricultural Produce Marketing Act (hereinafter referred to as Marketing Act) and whether the said respondents are also dealers within the meaning of the Marketing Act and therefore they are required to obtain licence for their trading activities under the said Marketing Act.

3. The respondent No. 1, Shankar Trading Co. Pvt. Ltd., is a private limited company which has established its sale depot at Una which is within the jurisdiction of the Marketing Committee at Una within the State of Himachal Pradesh. The respondents purchased khairwood and processed the said khairwood by subjecting the wood to various physical and chemical processes and converted the khairwood into katha . The appellant No. 1, Himachal Pradesh Marketing Board, and the appellant No. 2, Marketing Committee, Una, constituted by the Himachal Pradesh Marketing Board under the Marketing Act, required the respondent N





















































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