Back
HEMANT GUPTA, V. RAMASUBRAMANIAN
Swami Samarth Sugars and Agro Industries Ltd. – Appellant
Versus
Loknete Marutrao Ghule Patil Dnyaneshwar Sahakari Sakhar Karkhana Ltd. – Respondent
JUDGMENT :
HEMANT GUPTA, J.
1. The present appeals arise out of the three writ petitions which were decided by a common order dated 23.07.2021. Two of the writ petitions were filed by the respondent herein-Loknete Marutrao Ghule Patil Dnyaneshwar Sahakari Sakhar Karkhana Ltd. 1 [Existing Sugar Factory], whereas the third one was filed by the members of the existing sugar factory. Since the issue raised in all the three writ petitions was common, therefore, the same was decided by the High Court by a common order.
2. In the writ petitions, direction was sought that the Industrial Entrepreneur Memorandum2 [For short ‘IEM’] dated 8.9.2010 be de-recognised/cancelled in view of provisions of Clause 6C of the Sugarcane (Control) Order, 19663 [for short ‘Control Order’]. The challenge was inter-alia on the ground that the time limit for a new factory to be set up was 2 years and to commence production was within 4 years (2+4), but the appellant failed to take any effective steps to set up and commence production within such time frame contemplated by the Control Order. Another ground was
The court upheld the automatic derecognition of an Industrial Entrepreneur Memorandum under the Sugarcane (Control) Order, 1966 due to failure to commence operations, reinforcing compliance as critic....
Violation of principles of natural justice in the allotment of Kammapuram Firka to the third respondent Sugar Mill
The court ruled that administrative actions infringing rights must follow principles of natural justice, requiring a hearing before imposing restrictions under the Sugarcane (Control) Order.
An amendment having retrospective operation which has effect of taking away a benefit already available under existing rule should be held as arbitrary, discriminatory and violative of rights guarant....
Judicial review is permissible in contractual disputes involving state actions when there is arbitrary action or violation of natural justice, affirming that time is not necessarily of the essence in....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
