Shri Raghul Agarwal v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Shri.Raghul Agarwal ... Appellant in W.A(MD)No.1297 of 2023 A.Sivaji ... Appellant in W.A.(MD)No.1298 of 2023 -vs1.The Union of India represented by the Deputy Secretary to the Government Ministry of Industry and Commerce Department of Industrial Policy and Promotion (Salt Section) Udhyog Bhawan, New Delhi.

2.The Salt Commissioner Lavan Bhawan 2-A Lavan Marg Jhalana Doongri, Jaipur-302 004 3.The Deputy Salt Commissioner No.26, Haddows Road Shastri Bhavan, Chennai-600 006 ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the

orders, dated 21.12.2022, passed in W.P.(MD) No.21272/2017 & W.P(MD)No. 19586/2018.

For Appellants :

Mr.S.Kingston Jerold For Respondents :

Mr.K.Govindarajan Deputy Solicitor General of India

J U D G M E N T

[Judgment of the Court was made by S.S.SUNDAR, J.] These writ appeals are directed against the order of the learned Single Judge, dated 21.12.2022, passed in W.P.(MD) No.21272/2017 & W.P(MD)No.19586/2018.

2. The appellants are the writ petitioners, who filed W.P.(MD) No. 21272/2017 & W.P(MD)No.19586/2018 challenging the Gazette Notification, dated 09.10.2013, insofar as it relates to renewal of lease period and to direct the first respondent to continue to renew the lease period on certain conditions.

3. The learned Single Judge, by order dated 21.12.2022, dismissed the writ petitions following the orders of the learned Single Judge in

a batch of writ petitions in W.P.No.34859 of 2013 and batch, which were dismissed by order dated 22.12.2021. Several writ appeals in W.A.No.752 of 2022 and batch were filed as against the order dated 22.12.2021 passed by the learned Single Judge in W.P.No.34859 of 2013 and batch and the Division Bench of this Court, by Judgment dated 01.08.2022, disposed of the writ appeals by referring the matter before the Arbitrator. Following the directions of the Division Bench in the Judgment dated 01.08.2022 in W.A.No.752 of 2022 and batch, it is reported by the learned Deputy Solicitor General of India appearing for the respondents that an Arbitrator has been appointed and the petitioners in similar matters are now before the Arbitrator.

4. Since the issue involved in the case on hand has already been decided by the Division Bench of this Court and a former Judge of this Court has been appointed as Arbitrator, these writ appeals are disposed of terms of Paragraph Nos.9 to 12 of the Judgment dated 01.08.2022 in W.A.No.752 of 2022 and batch, which are extracted hereunder: "9. The Court was of the opinion that the writ appellants may individually or through Associations seek appointment of the Arbitrator, but finding large number of litigants involved herein and finding the nature of the issues as such, we nominate Mr.Justice V.Bharathidasan (retired Judge of Madras High Court) as sole Arbitrator to

adjudicate issues between both the parties.

10. The fee of the learned Arbitrator is fixed in one lumpsum at Rs.15 lakhs (Rupees fifteen lakhs only) and expenses would be paid on actual basis. The fee and expenses would be shared in equal ratio by the Associations representing the members and by the Central Government.

11. At this stage, the learned Additional Solicitor General submitted that it may be made open for the respondents to raise the objection under Section 16 of the Act of 1996. The aforesaid is not opposed by the learned counsel for the writ appellants and accordingly, liberty, as prayed for by the learned Additional Solicitor General is granted.

12. The finding or observation made by the learned Single Judge would not come in the way of either of the parties to raise the respective issues before the learned Arbitrator."

No costs.

[S.S.S.R., J.] [D.B.C., J.] 17.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No am

To:

1.The Deputy Secretary to the Government, Ministry of Industry and Commerce, Department of Industrial Policy and Promotion (Salt Section), Union of India, Udhyog Bhawan, New Delhi.

2.The Salt Commissioner, Lavan Bhawan,

2-A Lavan Marg, Jhalana Doongri, Jaipura-302 004.

3.The Deputy Salt Commissioner, No.26, Haddows Road, Shastri Bhavan, Chennai-600 006.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

am

17.08.2023