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2022 Supreme(Cal) 198

AMRITA SINHA
Indian Jute Mills Association – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Abhrajit Mitra, Sr. Advocate, Rajshree Kaharia, Sarvopriyo Mukherjee, Satadeep Bhattacharyya, Uttam Sharma.
For the Respondents:Dhiraj Trivedi, Asst. S.G., Jayanta Kumar Mitra, Sr. Advocate, Dibashis Basu, Arun Bandyopadhyay, Joydip Banerjee, Rahul Karmakar, Saikat Basu, Abhishek Acharya, Susovan Sengupta, Manas Kumar Sadhu, Soumya Mazumdar, Kumar Gupta, Pranav Sharma.

JUDGMENT :

1. The petitioner no. 1, the Indian Jute Mills Association, is a Company incorporated under the provisions of the Companies Act, 1956 represented by the petitioner no 2, being its Secretary. The petitioner no. 1 has thirty-six members and each member represents one jute mill. The Company was incorporated with the object of promoting and looking after the welfare and interest of the jute industry.

2. The petitioners are aggrieved by the Notification dated 30th September, 2021 published by the Jute Commissioner, Ministry of Textiles, in the Gazette of India, Extraordinary whereby the Jute Commissioner fixed the reasonable price of jute in all forms to be in force until 30th June, 2022 or until further orders whichever is earlier.

3. The said notification was published in exercise of the powers conferred under Clause 3 (3) of the Jute and Jute Textiles Control Order, 2016, herein after referred to as the ‘Control Order, 2016’.

4. The Notification mentions that no dealer, trader, agency or supplier or any other person shall sell or offer to sell any person or agency and no person, agency or company shall offer to purchase or purchase any raw jute at a price exceeding the reasona

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