In a civil application regarding sugar incentives, the court directed the respondents to issue release orders for 50,000 tonnes of sugar within 15 days of the applicant's application.
Respondents directed to issue release orders up to 50,000 tonnes within 15 days of applicant's application.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 25 OF 2006
IN
WRITPETITION NO. 909 OF 2003
Sarvodaya Sahakari Sakhar ... Applicants
Versus
The Union of India and Ors. Respondents
Mr. T.S. Ingale for Applicants.
Mr. Y.S. Bhate for Respondent Nos. 1 to 3.
Mrs. M.P. Thakur, A.G.P. for R. Nos. 4 and 5.
CORAM : F.I. REBELLO &
DR.D.Y.CHANDRACHUD,JJ.
DATED : FEBRUARY 03, 2006
P.C.
. The Petitioner earlier had sought interim relief
in the present petition and the learned Division
Bench of this court by order dated 7.2.2003 in
Paragraph No. 7 had permitted the Petitioner to
dispose of 50% of the sugar after deducting the
quantum of levy sugar on the conditions as set out
therein. In respect of the remaining stock, the
respondents were directed to take action within the
period of eight weeks from the date of the order.
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. Subsequent to that order, Respondents by their
order dated 23.12.2003 have issued eligibility
certificate under the incentive scheme. The
eligibility certificate bearing No. 97 of 20 sets
out that for the period of five years incentive
from the year 2002-03 upto the year 2006-07, the
Petitioner’s eligibility of incentive free sale
quantum shall be applicable on the annual
production of sugar in the sugar season subject to
annual selling of 50,000 tonnes. In other words,
for each of the seasons, the Petitioner can sell as
incentive free sale quantum upto 50,000 tonnes.
From the arguments advanced at the bar and as
pointed out to us, it appears that the maximum
production of the Petitioners is around 3,000/-
tonnes per annum. In the light of that, it will be
open to the Petitioners to dispose of the sugar
based on the eligibility certificate dated
23.12.2003.
. The grievance of the applicant is that though
they have received orders for release of quantity
of 40,847 quintals, they could only despatch 4045
quintals and could not despatch 36,802 quintals for
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the lack of transportation as set out in their
correspondence addressed to the Chief Director
(Sugar) Government of India.
. Before us nothing is pointed out as to why the
Petitioner cannot sell the entire quantity of sugar
which thy have manufactured for the seasons,
bearing in mind the eligibility certificate dated
23.12.2003. In the light of that the following
order :
. The respondents are directed to issue to
Petitioners release orders upto 50,000 tonnes for
the years for which they are entitled as free
entitlement within 15 days of the Petitioner making
an application as required under law. With the
above directions, Application stands disposed of.
(F.I. REBELLO,J.)
(DR. D.Y. CHANDRACHUD,J.)
1 issue framed by the court
Whether the respondents are directed to issue release orders up to 50,000 tonnes of sugar to the appellant within 15 days.
2 provisions across 2 enactments
Sarvodaya Sahakari Sakhar
The Union of India
F.I. REBELLO
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court