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2005 Supreme(Del) 1077

MARKANDEY KATJU, MADAN B.LOKUR
Union of India – Appellant
Versus
Seil Ltd. (Unit Mawana Sugar Works) – Respondent


Advocates appeared:
Mr. P.P. Malhotra, ASG with Mr. Rajeeve Mehra, Mr. Arvind Sharma and Mr. Kailash Gambhir, Advs. for the Appellants.
Mr. Jayant Bhushan, Sr Adv with Mr. Manish Bishnoi for the Respondents 1 & 2.
Mr. R.K. Sharma for the Respondent 3.

JUDGMENT:

Markandeya Katju, C.J.

1. These Letter Patent Appeals have been filed against a common judgment by the learned Single Judge of this court on 24.09.2004 in Writ Petition Nos. 2163/1996, 4504/1997 and 6154/2003. Since all these appeals involve common questions of law and fact, we are disposing them off together.

2. Heard learned counsel for the parties and perused the record.

3. The facts in detail have been set out in the judgment of the learned Single Judge, and hence we are not repeating the same except where necessary.

4. The appellant in LPA No. 1131/04 Mawana Sugar Ltd. (formerly known as M/s SIEL Ltd.), and other petitioners filed writ petitions challenging the right of the Food Corporation of India to make deductions for the short supply and/or wet I damaged supply of levy sugar in the past from amounts to be paid in the subsequent bills of the sugar mills.

5. To understand the controversy we may state a few facts. Sugar is an essential commodity under the .Essential Commodities Act, 1955. Under Section 3 (2) (D of the said Act, the Central Government has the power to direct any manufacturer of sugar to sell sugar produced by it to the Central Government or a State Govern

































































































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