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2012 Supreme(Bom) 2295

B.P.DHARMADHIKARI
Bayer Bio Science – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:P.S. Dani with Padmaja Dholakia, Ms. Sujata Melekar i/b. Dholakia Law Asso., Advocates.
For the Respondents: Ms. M.S. Bane, “B” Panel counsel.
For the Interveners:Lalitkumar Mahajan, Advocate.

Judgment :

The petitioner, a company incorporated under the provisions of the Companies Act, 1956 doing business in area of seed manufacturing and sale, has challenged the order dated 29th December 2011 passed by the appellate authority, the Commissioner for Agriculture, Maharashtra State, Pune in Appeal No.01/2011. The said authority is respondent No.2 before this court. The appellate authority has confirmed the order dated 13th April 2011 passed by the Controller and Director of Agriculture (Input & Quality). By that order, the said authority has found 164 farmers entitled to compensation and under rule 12(9) of Maharashtra Cotton Seeds (Regulation of supply, distribution, sale and fixation of sale price) Rules, 2010 directed the petitioner to pay that amount within thirty days with statutory interest at 24%.

2. Before proceeding further, it is to be noted that action against the petitioner is under the provisions of Maharashtra Cotton Seeds (Regulation of supply, distribution, sale and fixation of sale price) Act, 2009 hereinafter referred to as “2009 Act”. The abovementioned rules are framed under this Act and for convenience are being referred to as “2010 Rules” hereinafter.

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