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2003 Supreme(All) 1174

MARKANDEY KATJU, R.S.TRIPATHI
Hari Fertilizers – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Arvind Varma, B.N.Singh, R.C.SHUKLA, S.N.VARMA, YASHVANT VARMA,

M. KATJU, J.

( 1 ) WE have heard the learned counsels for the parties.

( 2 ) THIS writ petition has been filed against the impugned order dated 30. 7. 1996 Annexure-1 to the writ petition and for a mandamus directing the respondent no. 1 to pay the alleged balance of subsidy claimed by the petitioner amounting to Rs. 1312. 17 lakhs with interest. The petitioner is a unit of Orissa Cement Ltd. and this company is registered under the Indian Companies Act which was engaged in the manufacture and sale of Ammonium Chloride, a fertilizer and Soda Ash from its factory situate at Sahupuri, Varanasi, U. P. The controversy in this case relates to fixation of the correct retention price for the period 18. 4. 1985 to 4. 1. 1989 and consequently grant of subsidy to the petitioner for the said period.

( 3 ) IN paragraph 3 of the writ petition it is stated that in order to introduce a rational system of pricing of fertilizers with a view to making the same available to consumers at a low prices and at the same time to ensure reasonable return on the investment to the manufacturers and facilitate healthy development and growth of the fertilizer industry, the government of India set up a Committee




















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