Union of India Vs. U.P. State Sugar Corpn. Unit, Rohankalan and Ors.
EmailAppeal: Civil Appeal No. 3567 of 1991
Petitioner: Union of India
Respondent: U.P. State Sugar Corpn. Unit, Rohankalan and Ors.
Apeal: Civil Appeal No. 3567 of 1991
Judges: V.N. KHARE & B.N. AGRAWAL, JJ.
Date of Judgment: Sep 08, 2001
Head Note:
CIVIL LAW/PRACTICE AND PROCEDURE
Civil Procedure Code, 1908
Order 22, rule 10 with Constitution – Article 136 – A sugar mill made first ~4~ All attempt to serve failed – Subsequently, on application by appellant, U.P. State Sugar Corp. made a party in place of mill – Said corporation alleged to have taken over the mill – Corporation denied having taken over liability – Fact found to be correct. Held that in absence of mills, appeal cannot proceed and is dismissed. (Para 3)
JUDGEMENT:
ORDER
1. Amritsar Sugar Mills (hereinafter referred to as the ‘mills’) was engaged in business of manufacture of sugar by vacuum pan process. For that purpose, it had a sugar factory in the district of Muzaffarnagar. The mills used to purchase sugarcane from the sugarcane growers of the reserved areas assigned to the mills. The central government in exercise of power conferred by clause 3 of the Sugarcane (Control) Order, 1966 issued a notification dated 11.11.1977 fixing the minimum price of sugarcane for the crushing season 1977-78 @ Rs. 10. per quintal. The mills purchased sugarcane at the aforesaid rate from the sugarcane growers. For the crushing season 1978-79, the central government fixed the price of sugarcane @ Rs. 11.29 per quintal. The central government further directed that the price of the left-over sugarcane of the year 1977-78 purchased in the crushing season 1978-79 shall be @Rs. 11.29 per quintal.
2. The mills challenged the fixation of price of the left-over sugarcane of the year 1977-78 purchased in the crushing season 1978-79, as excessive. When the writ petition was entertained, the High Court directed the mills to deposit the difference of the sugarcane price @ Rs. 1.29 per quintal of sugarcane which was payable in respect of previous years to the collector. Accordingly the mills deposited the difference of the said amount. Ultimately, the High Court after having found that the price of the left-over sugarcane for the year 1977-78 excessive, the writ petition was allowed and the difference between the price of the season 1977-78 and 1978-79 deposited by the mills was directed to be refunded to the mills. It is against the said judgment, the Union of India has filed the present appeal.
3. Initially, the mills was arraigned as respondent no. 1 in this appeal. Union of India was given several opportunities to serve the said mills but they failed to effect service on the said mills. Subsequently, the appellant filed an application on 19.11.1998 praying for deletion of the name of the mills from the arraignment of the parties as the same was taken over by the U.P. State Sugar Corporation. On the said application of the appellant, the name of the mills was deleted and the U.P. State Sugar Corporation unit, Rohankalan was impleaded as respondent to the appeal. Today, when the matter was taken up, it was stated on behalf of the U.P. State Sugar Corporation that the corporation has taken over the mills without any liability and, therefore, they are not answerable to any liabilities of the mills. This contention is correct and we, therefore, hold that the impleadment of U.P. State Sugar Corporation unit, Rohankalan does not cure the defect in the appeal. Since the necessary party i.e. the mills is not before this Court, the appeal cannot proceed.
4. Therefore, on this short ground alone, the appeal is dismissed. There shall be no order as to costs.
1. Amritsar Sugar Mills (hereinafter referred to as the ‘mills’) was engaged in business of manufacture of sugar by vacuum pan process. For that purpose, it had a sugar factory in the district of Muzaffarnagar. The mills used to purchase sugarcane from the sugarcane growers of the reserved areas assigned to the mills. The central government in exercise of power conferred by clause 3 of the Sugarcane (Control) Order, 1966 issued a notification dated 11.11.1977 fixing the minimum price of sugarcane for the crushing season 1977-78 @ Rs. 10. per quintal. The mills purchased sugarcane at the aforesaid rate from the sugarcane growers. For the crushing season 1978-79, the central government fixed the price of sugarcane @ Rs. 11.29 per quintal. The central government further directed that the price of the left-over sugarcane of the year 1977-78 purchased in the crushing season 1978-79 shall be @Rs. 11.29 per quintal.
2. The mills challenged the fixation of price of the left-over sugarcane of the year 1977-78 purchased in the crushing season 1978-79, as excessive. When the writ petition was entertained, the High Court directed the mills to deposit the difference of the sugarcane price @ Rs. 1.29 per quintal of sugarcane which was payable in respect of previous years to the collector. Accordingly the mills deposited the difference of the said amount. Ultimately, the High Court after having found that the price of the left-over sugarcane for the year 1977-78 excessive, the writ petition was allowed and the difference between the price of the season 1977-78 and 1978-79 deposited by the mills was directed to be refunded to the mills. It is against the said judgment, the Union of India has filed the present appeal.
3. Initially, the mills was arraigned as respondent no. 1 in this appeal. Union of India was given several opportunities to serve the said mills but they failed to effect service on the said mills. Subsequently, the appellant filed an application on 19.11.1998 praying for deletion of the name of the mills from the arraignment of the parties as the same was taken over by the U.P. State Sugar Corporation. On the said application of the appellant, the name of the mills was deleted and the U.P. State Sugar Corporation unit, Rohankalan was impleaded as respondent to the appeal. Today, when the matter was taken up, it was stated on behalf of the U.P. State Sugar Corporation that the corporation has taken over the mills without any liability and, therefore, they are not answerable to any liabilities of the mills. This contention is correct and we, therefore, hold that the impleadment of U.P. State Sugar Corporation unit, Rohankalan does not cure the defect in the appeal. Since the necessary party i.e. the mills is not before this Court, the appeal cannot proceed.
4. Therefore, on this short ground alone, the appeal is dismissed. There shall be no order as to costs.
