Disposed

Karmayogi Ankushrao Tope Samarth Sahakari Sakhar Karkhana Ltd. through Its Managing Director v. Government of India through the Secretary and Others

Bombay HC10 May 2024WP/155/2024

Case brief

AI extract

What is this about?

Sugar mills sought directions against oil marketing companies for lifting contracted ethanol. On instructions, the OMCs agreed to lift the balance contracted quantity in four equal installments between June and September 2024 as per indents. Petitions and pending civil applications were disposed of on these statements.

What did the court decide?

OMCs to lift balance contracted ethanol quantity in four equal installments by 30 September 2024; civil applications disposed of.

Karmayogi Ankushrao Tope Samarth Sahakari… — Contract and Commercial Disputes | Bombay HC (2024)

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2024:BHC-AUG:10378-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 155 OF 2024

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KARMAYOGI ANKUSHRAO TOPE SAMARTH SAHAKARI SAKHAR KARKHANA LTD THROUGH ITS MANAGING DIRECTOR

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VERSUS

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GOVERNMENT OF INDIA THROUGH THE SECRETARY AND OTHERS

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WITH

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WRIT PETITION NO. 1112 OF 2024

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WITH CIVIL APPLICATION NO. 3733 OF 2024

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SAHAKAR MAHARSHI SHANKARRAO KOLHE SAHAKARI SAKHAR

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KARKHANA LIMITED THROUGH ITS MANAGING DIRECTOR

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VERSUS

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THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND OTHERS

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WITH

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WRIT PETITION NO. 579 OF 2024

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YEDESHWARI AGRO PRODUCTS LTD., THR ITS CHAIRMAN

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VERSUS

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THE GOVERNMENT OF INDIA THR ITS SECRETARY AND OTHERS

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WITH

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WRIT PETITION NO. 1570 OF 2024

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BHAURAO CHAVAN SAHAKARI SAKHAR KARKHANA LTD THROUGH ITS MANAGING DIRECTOR

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VERSUS

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GOVERNMENT OF INDIA THROUGH THE SECRETARY AND OTHERS

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WITH

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WRIT PETITION NO. 1627 OF 2024

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GANGAMAI INDUSTRIES AND CONSTRUCTION LTD THROUGH VICE

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VISHNU SHRIPATRAO KHEDEKAR

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VERSUS

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THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND OTHERS

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WITH

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WRIT PETITION NO. 1864 OF 2024

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NATURAL SUGAR AND ALLIED INDUSTRIES LTD THROUGH ITS

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AUTHORIZED OFFICER ASHOK PRABHUAPPA DAMA

VERSUS

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THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND OTHERS

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WITH

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WRIT PETITION NO. 1988 OF 2024

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ASHOK SAHAKARI SAKHAR KARKHANA LTD THROUGH ITS DISTILLERY

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INCHARGE

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VERSUS

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GOVERNMENT OF INDIA THROUGH THE SECRETARY AND OTHERS

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WITH

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WRIT PETITION NO. 2997 OF 2024

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WITH CIVIL APPLICATION NO. 4739 OF 2024

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PADMASHRI DR VITTHALRAO VIKHE PATIL SAHAKARI SAKHAR

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KARKHANA LIMITED AT PRAVARANAGAR

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VERSUS

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THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND OTHERS

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WITH

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CIVIL APPLICATION NO. 3514 OF 2024

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IN CA/2630/2024

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KARMAYOGI ANKUSHRAO TOPE SAMARTH SAHAKARI SAKHAR KARKHANA LTD THROUGH ITS MANAGING DIRECTOR

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VERSUS

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GOVERNMENT OF INDIA THROUGH THE SECRETARY

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Mr. V. D. Hon, Senior Advocate i/by Mr. A. V. Hon, Mr. R. N. Dhorde, Senior Advocate i/by Mr. S. S. Tope, Mr. S. R. Sapkal, Advocates for the Petitioner/Applicant in respective Petition

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Ms. Pallavi Pakale, Advocate h/f Mahadik & Associates for the Petitioner in respective Petitions.

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Mr. A. B. Girase, GP, for the Respondents/State

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Mr. A. G. Talhar, DSGI Advocate for Respondent/UOI

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Mr. A. P. Bhandari, Advocate for Respondent/OMC

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CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

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DATE : 10^th MAY, 2024

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PER COURT :-

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In all these matters, the learned Senior Advocates

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912.ca3733.24.odt

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representing the various parties, on instructions from the briefing learned Advocates, have circulated these matters today. These matters were heard on 8^th May, 2024 and were adjourned to 21^st June, 2024. However, circulation motions were moved yesterday and hence, these matters are listed today.

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The learned Advocates submit, on instructions, that if the OMCs agree to accept the entire contracted Ethanol quantity as expeditiously as possible, in the light of the judgment of the learned Single Judge of the Karnataka High court, in case of Hermes Distilleries Pvt Ltd., Vs. Union of India and Others in Writ Petition No. 107496 of 2023 with connected other Writ Petitions, dated 25^th April, 2024 , these Petitions can be disposed off.

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The learned Advocate Mr. Bhandari has taken instructions from his client and submits that the OMCs were comfortable in receiving the balance contracted Ethanol quantity up to 31^st October, 2024 as per the contracted quantity and in tune with the Government Policy.

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When we called upon the learned Advocate to take further instructions, he submits, on instructions, that the balance contracted Ethanol quantities (total contracted quantity – quantity of Ethanol lifted as per the orders of Court ) vis-a-vis each of these Petitioners, would be lifted in four equal quantities on or before 30^th September, 2024 or prior

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912.ca3733.24.odt

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thereto, as per the indent /requisition issued by OMCs.

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We suggested to the parties as to whether it would be comfortable if the one quarter of the balance contracted Ethanol quantity is lifted between 15^th June, 2024 to 25^th June, 2024 and during the same period for the following months in July, August and September, 2024. The learned Advocate Mr. Bhandari submits, on instructions that the OMCs are agreeable.

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The parties are ad-idem that no further purchase or procurement (generation) of B-Heavy Molassess will be done since the season of two quarters from November, 2023 to April, 2024 has already concluded.

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In view of the above statements, all these Petitions are disposed off . Needless to state, the pending Civil Applications would not survive and stand disposed off .

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ssp

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Karmayogi Ankushrao Tope Samarth Sahakari Sakhar Karkhana Ltd. through Its Managing Director v. Government of India through the Secretary and Others

Case brief

What is this about?

What did the court decide?

Karmayogi Ankushrao Tope Samarth Sahakari Sakhar Karkhana Ltd. through Its Managing Director v. Government of India through the Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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