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1999 Supreme(SC) 165

R.P.SETHI, V.N.KHARE
Bileshwar Khan Udyog Khedut Shahakari Mandali LTD. – Appellant
Versus
Union Of India – Respondent


Judgment

V.N. Khare, J.-The appellants in these appeals are Co-operative Sugar Factories engaged in the business of manufacture of sugar in the State of Gujarat On 15th June, 1972 the respondent issued an order known as Sugar Price Determination Order and on the same day the Levy (Sugar Contol) Order, 1972 was issued under which the sugar manufactures were required to sell sugar to the Union Government, State Government or their nominees at the controlled price of Rs. 124.59 per quintal for D-Grade sugar. The appellants challenged the aforesaid Sugar Price Determination Order and Levy Control Order by means of separate petitions before the Gujarat High Court. In the writ petition there was a prayer for interim relief also. Interim prayer as contained in the writ petition reads as follows :

“That pending the hearing of the petition your Lordships will be pleased to issue an interim injunction restraining the respon­dents their servants and agents and or their successors in office as the impugned orders requiring the petitioner to supply sugar to the State Government or Union Government or to their nominees at a price of Rs. 150/- per quintal.”

2. The High Court by an order dated 31.7.7







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