Vitthal Corporation Ltd, Through Managind Director, Shri. Haridas Bhanudas Dange v. Chief Directorate Of (Sugar), Ministry Of Consumer Afairs Food And Public Dist. Dept Of Food And Or

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5643 OF 2013 Vitthal Corporation Limited Through its Managing Director Mr.Haridas Bhanudas Dange

...Petitioner

v/s.

Chief Directorate of (Sugar) and Ors.

...Respondents.

WITH WRIT PETITION NO.6885 OF 2013 Vitthal Corporation Limited

...Petitioner

v/s.

Union of India and Ors.

...Respondents.

--- Mr.A.V.Anturkar, Senior Advocate a/w Mr.Amol A. Gatne and Mr.Tanaji Mhatungade i/b Mr.S.B.Deshmukh, for the Petitioner in both the petitions. Ms.M.P.Thakur, AGP for the Respondent - State. Mr. Y.S.Bhate a/w Mr.Parag Vyas, Mr.A.M.Sethna, Mr.D.P.Singh, Ms.Nisha Valani, Ms.Neeta Masurkar, Mr.Y.R.Mishra, Mr.A.R.Varma, Mr.H.V.Mehta and Mr.S.G.Thakur, for the Respondent - U.O.I. --- CORAM: A. S. OKA & REVATI MOHITE DERE, JJ.

DATED : 1st JULY, 2015.

P.C.

1.

It is pointed out by the learned senior counsel appearing for the petitioners that by order dated 11th May, 2015, the Chief Director (Sugar) Ministry of Consumer Affairs, Food & Public Distribution Department of Food & Public Distribution, Directorate of Sugar, Government of India

2/2 3-wp.5643&6885.doc directed the petitioners to supply levy sugar of quantity 5987.80 metric tons. He states that though the validity of the order was extended by the Government till 30th June, 2015, even a nominee is not appointed and therefore, the stock is not lifted by making payment of price to the petitioners.

2.

Considering the aforesaid statement, we propose to grant a reasonable time of two months to the Union of India to take necessary steps.

3.

Accordingly, we dispose of the petitions by passing the following order :-

ORDER

1) If within the stipulated period of two months, the Union of India fails to take necessary steps by lifting the levy sugar and by making payment of price to the petitioners, it will be open for the petitioners to file a fresh petition in this Court for claiming appropriate reliefs.

4.

The petitions are accordingly disposed of.

(REVATI MOHITE DERE,J.) (A.S. OKA,J.)