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2019 Supreme(SC) 908

R.BANUMATHI, A.S.BOPANNA
STATE OF MAHARASHTRA – Appellant
Versus
MAHARASHTRA HYBRID SEEDS CO. PVT. LTD. – Respondent


Advocates Appeared:
For the Petitioner(s):Nishant Ramakantrao Katneshwarkar, Anoop Kandari, Advocates
For the Respondent(s):V. Giri, Prashant P., Suveni Bhagat, Shivi Sethi, Abhay Kumar, Advocates

JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. This appeal is preferred against the judgment dated 21.02.2018 passed by the High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No.8157 of 2017 in and by which the High Court has allowed the writ petition filed by the respondent-Company thereby ordering the appellant-authorities to de-seal all the godowns of the Company at Dhanora which was sealed by the appellant-authorities.

3. Brief facts which led to filing of this appeal are as follows:-

Respondent-Company is a registered Company under the Companies Act and is engaged in the business of research, production, processing, marketing and sale of variety of Hybrid seeds. According to the respondent-Company, they have already obtained seeds licences under the provision of the Seeds (Control) Order, 1983 and the Maharashtra Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Rules, 2010 and that they are having licence for the storage and sale of such seeds in the State of Maharashtra. According to the respondent, the processing of cotton and non-cotton seeds of different varieties is done by the respondent in its processing unit/plant situated a

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