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SUPREME COURT OF INDIA
J.S. Verma, N.P Singh and B.N. Kirpal, JJ
Modi Industries Ltd. And another – Petitioners
Union of India and anothers – Respondents
Transferred Case (Civil) No. 9 of 1990
Decided on February 20, 1996
Minimum Cane Price - Essential Commodities Act, 1955 - The court dismissed the transferred case after considering an additional affidavit filed by the Union of India, which clarified that the determination of the minimum cane price of levy sugar was based only on the minimum cane price as per Section 3(3-C)(a) of the Essential Commodities Act, 1955, and did not take into account the additional cane price payable under clause 5-A of the Sugar (Control) order, 1966, and the excess realization on levy-free sale sugar while fixing the price of levy sugar for the season 1982-83.
Fact of the Case:
An additional affidavit was filed by the Union of India, clarifying the determination of the minimum cane price of levy sugar.
Finding of the Court:
The court dismissed the transferred case after considering the additional affidavit filed by the Union of India.
Issues: The issue was whether the determination of the minimum cane price of levy sugar was in compliance with the relevant legal provisions.
Ratio Decidendi: The court's decision was influenced by the clarification provided in the additional affidavit, which highlighted the specific legal provisions considered in determining the minimum cane price of levy sugar.
Final Decision: The transferred case was dismissed by the court, and no costs were awarded.
Order
1.In compliance with our order dated 30-1-1996 an additional affidavit on behalf of the Union of India has been filed by Shri Deepak Khandekar Deputy Secretary to Government of India. In the additional affidavit, it has been expressly stated that while determining the minimum cane price of levy sugar regard has been only to the minimum cane price as spoken to in Section 3 (3-C) (a) of the Essential Commodities Act, 1955 and the additional cane price payable under clause 5-A of the Sugar (Control) order, 1966, has not been taken into account and that also there has been no mopping up of excess realization on levy-free sale sugar while fixing the price of levy sugar for the season 1982-83.
2.2. In view of the above further statement made in the additional affidavit filed on behalf of the Union of India, we are satisfied that this matter is not covered by the decision of this Court in Shri Malaprabha Coop. Sugar Factory ltd. V. Union of India. Accordingly the transferred case is dismissed. No costs.
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