Anjana Mishra, J. – The Food Corporation of India, has invoked the power of Review by filing an application under Article 226 of the Constitution of India for reviewing the order dated 27.02.2017 passed in C.W.J.C. No. 4439 of 2009. The aforesaid order was passed relying on the judgement delivered in another case of M/s Hari Nagar Sugar Mills Limited, Mumbai through its Manager S. N. Poddar & Anr. vs. The Union of India & Ors. (LPA No. 380 of 2002 disposed of on 30th July, 2008) reported in 2008(4) BBCJ 347, whereby the Food Corporation of India was mandamized to refund the amounts which have been repayable against the excess payment for levy sugar for the years 1975-76, 1976-77 and 1977-78, upon re-fixation by adjusting against the payments which were payable for the years 1995-96 and 1996-97. The aforesaid writ application was disposed of in the following terms: –

“10. The Food Corporation of India, being the nominee of the Central Government, received levy sugar for the sugar years in question from the appellant. It paid the price payable on account of such levy sugar as was fixed by the Notifications issued by the Central Government during the relevant sugar years. No sooner the Central Government published the Notifications dated 22nd February, 1995 pertaining to the relevant sugar years, the Food Corporation of India felt that it has made excess payment to the appellant in relation to supplies effected by it during the relevant sugar years, almost 20 years back. Proceeding on such understanding the Food Corporation of India purported to recover the excess payment alleged to have been made by it from the current bills of the appellant in relation to sale of levy sugar by the appellant to the Food Corporation of India for the sugar year 1995-96. This action on the part of the Food Corporation of India led to presentation of a writ petition by the appellant in this Court, which was registered as CWJC No. 9010/1996. The said writ petition was taken up for hearing on 21st October, 1997 when a learned Single Judge of this Court in His Lordship’s order recorded the principal contentions of the appellant, as had been put forward in the said writ petition, and then recorded the submissions of the learned counsel appearing on behalf of the Union of India. After having had recorded the submission of the learned counsel for the Union of India that the Union of India is coming out with a fresh Notification within a period of two months, the learned Single Judge, while directed the Union of India to issue such a notification, also directed the Food Corporation of India to recalculate the amount of the price within a period of two weeks and thereupon to pay to the appellant, if any amount is found due by the Food Corporation of India to the appellant.”

2. The grounds on which the present application for Review has been preferred are as follows: –

i. Does the judgment passed by this Court suffer from any error apparent on the face of the record.

ii. Is the order passed by the Court hit by the principles of res judicata as for the same relief the respondent / petitioner- Sasa Musa Sugar Works had earlier moved the Delhi High Court in which the Food Corporation of India had been given liberty to recover the excess amount paid towards the levy sugar for the years 1975-76, 1976-77 and 1977-78, after re-determination by the Government in view of the Apex Court judgement in M/s Malaprabha’s case, from the bills of 1995-96 and 1996-97 and the same having been adjudicated once by another court, could be entertained before this Court for similar relief and a separate and contradictory order be passed.

iii. Can the case of Hari Nagar Sugar Mills Limited be equated and treated as an equal case to that of the petitioner, though the present company stands on a completely different footing.

iv. Is the judgement rendered by this Court in the teeth of the judgement and order passed by the Hon’ble Apex Court in the case of M/s Malaprabha Sugar Cooperative L