M/S Jai Laxmi Sugar Products Pvt Ltd ... vs The Union Of India And Others on 15 January, 2019

[Cites 0, Cited by 1]

Bombay High Court

M/S Jai Laxmi Sugar Products Pvt Ltd ... vs The Union Of India And Others on 15 January, 2019

Bench: Prasanna B. Varale

                                       (1)                               wp561.19

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD


                           WRIT PETITION NO.561 OF 2019

     M/S JAI LAXMI SUGAR PRODUCTS PVT LTD THROUGH AUTHORIZED
                             OFFICER
                              VERSUS
                  THE UNION OF INDIA AND OTHERS

Mr.R.N. Dhorde, Sr. Counsel i/b. Mr.V.R. Dhorde, Advocate for
the petitioner.
Mr.R.B. Bhosale, Advocate for respondent Nos. 1 and 2.
Mr.S.S. Dande, AGP for respondent Nos. 3 and 4.

                                       CORAM :   PRASANNA B. VARALE &
                                                 S.M.GAVHANE,JJ.

DATED : 15.01.2019 P.C. :-

1. Heard learned Sr. Counsel Mr. R.N. Dhorde i/b. Mr. V.R. Dhorde for the petitioner. The challenge is raised in the petition to order passed by the Chief Director of Sugar i.e. respondent No.2 dated 18.12.2018. The submission is, before asking the petitioner to face with coercive action of confiscation of performance guarantee, the petitioner factory ought to have given opportunity of hearing which is pre-

requisite under the provisions of the Sugar Control Order, 1940 and more particularly clause 6-D. Learned Sr. Counsel also invited our attention to the performance guarantee and ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 03:43:31 ::: (2) wp561.19 the extension of the performance guarantee which is live till 31.01.2021. It is also submission of learned Sr. Counsel that the delay in making factory operational was due to reasons, which were beyond the control of the petitioner, namely, continuous drought situation in Marathwada region.

2. Issue notice to the respondents, returnable on 12.03.2019. Learned Counsel Mr. R.B. Bhosale waives notice for respondent Nos. 1 and 2 and learned AGP waives notice for respondent Nos.3 and 4.

3. Ad-interim relief by way of directions to respondent Nos.2 and 5, not to take any coercive steps/further steps in furtherance of order dated 18.12.2018 including encashment of the performance guarantee till the returnable date.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/JAN19/wp561.19 ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 03:43:31 :::

Unlock Advanced Research with PRISMAI

Bombay High Court