ORDER

In CAs Nos. 2576-77 of 1981, 347 of 1986, WPs Nos. 7535-36 of 1985 and CMP No. 18628 of 1986 in CA No. 1292 of 1986

1. These matters are disposed of together. We need not elaborately mention the facts leading to filing of these appeals and writ petitions. Suffice it to state that the validity of the U.P. Sugar Undertakings (Acquisition) Act, 1971 (23 of 1971) was upheld by this Court in Ishwari Khetan Sugar Mills (P) Ltd. v. State of U.P. [(1980) 4 SCC 136 : (1980) 3 SCR 331] However, proceedings before the BIFR are pending to streamline the working of sick industry, namely, U.P. State Sugar Corporation. Shri H.N. Salve, the learned Senior Counsel appearing for the appellants and writ petitioner in these cases, submitted that he had a discussion with his clients after the case was last adjourned. He suggested that the appellants are proposing to make a representation to the BIFR for consideration of their cases and so it was not necessary to argue the case on merits. In that view, we need not decide the case on merits. It would be open to the appellants to make representation to the BIFR and it would be open to the BIFR to entertain the representation and dispose it of.

2. Th