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2008 Supreme(Del) 976

VIKRAMAJIT SEN, S.L.BHAYANA
KRISHAK BHARTI CO-OPERATIVE LTD. – Appellant
Versus
UOI – Respondent


Advocates Appeared:
Mr.V.P. Singh, Sr. Adv. With Mr. Neeraj Malhotra and Mr. Om Prakash, Advs.
Mr. P.P. Malhotra, ASG with Ms. Manisha Dhir, Adv.

JUDGMENT

VIKRAMAJIT SEN, J.

.1. In this Writ Petition it has, inter alia, been prayed that a writ of certiorari be issued quashing the Order dated 6.12.2006 of the Government of India (GOI) directing the repatriation to the GOI of equity held by it in the Petitioner Society, namely, Krishak Bharti Co-operative Limited (KRIBHCO). It is necessary to reproduce the said Order, inter alia, to demonstrate that it fails altogether to address or adumbrate the nature of the public interest which it endeavours to protect or project:- WHEREAS the Krishak Bharti Cooperative Ltd. (KRIBHCO), a Multi-state Cooperative Society registered under the Multi-State Cooperative Societies Act, 2002 (39 of 2002) and is a fertilizer production unit in the Cooperative Sector and as per item 5 of Schedule II to Rule 3 of the Government of India (Allocation of Business) Rules is under the administrative responsibility of the Department of Fertilizers; AND WHEREAS the Government of India is a member and a majority shareholder in the said KRIBHCO; AND WHEREAS the said KRIBHCO, pursuant to the amendment to its Bye- Law No.8, unilaterally and without either the approval or concurrence of the Government of India, ha























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