T.K.THOMMEN, M.N.VENKATACHALIAH, S.MOHAN
Malaprabha Co-operative Sugar Factory LTD. – Appellant
Versus
Union Of India – Respondent
ORDER
A batch of civil appeals (including the above mentioned two appeals), special leave petitions, writ petitions, transfer petitions and transferred cases challenging the fixation of price of levy sugar for the years 1974-75 to 1979-80, by orders issued under Section 3(3-C) of the Essential Commodities Act, 1955, was disposed of by this Court by a Common Judgment dated 22.9.93. This Court held that the impugned orders/notifications were bad as the price was not fixed in accordance with the relevant provisions of law. However, it did not quash the notifications as they would have led to nebulous situation during the interregnum till re-fixation of price. Instead of quashing the said notifications it directed the Union of India to amend the notifications taking into account the liability of producers of sugar under clause 5A of the Sugarcane (Control) Order, 1966 (hereinafter referred to as the 1966 Order ), having regard to the factors mentioned in Section 3(3-C) of the Act. The Government was also directed to issue the amended notifications by December 31, 1993.
2. The Union of India was not satisfied with the judgment and, therefore, filed Review Petition Nos. 211 and 212 of 199
Malprabha Co-operative Sugar Factor Ltd. v. Union of India & Anr.
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