9911796707
TMI Blog1996 (8) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... and Writ Petitions. Suffice it to state that the validity of U.P. Sugar Undertakings (Acquisition) Act, 1971 was upheld by this Court in The Ishwari Khetan Sugar Mills (P) Ltd. and Anr. Etc. v. The State of Uttar Pradesh and Ors. Etc. [1980]3SCR331 . However, proceedings before the BIFR are pending to streamline the working of sick industry, namely, U.P. State Sugar Corporation. Shri H.N. Salve, the learned senior counsel appearing for the appellants and Writ Petitioner in these cases, submitted that he had discussion with his clients after the case was last adjourned. He suggested that the appellants are proposing to make a representation to the BIFR for consideration of their cases and so it was not necessary to argue the case on merits. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riate proceeding in the matter. 4. In view of the fact that we are now dismissing the appeals as withdrawn we make it clear that the order and the status quo order stand discharged, whoever seeks any positive directions as regards the possession of the bungalow, it would be open to the appropriate party to take such procedure as is available at law. We give eight weeks' time from today to take such steps; until then the status quo order granted by this Court would continue for eight weeks only and no further. As regards the vesting and other incidental issues, it would be open to the appropriate parties to lay proceedings under Section 10 of U.P. Sugar Industry Undertakings Act before the prescribed authority which would decide the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove observation. We make it clear that no issue of law or fact is left open in these cases. In CA. 1294/86 and W.P. No. 391/86 7. These matters are disposed of together. We need not elaborately mention the facts leading to file these appeals and Writ Petitions. Suffice it to state that the validity of U.P. Sugar Undertakings (Acquisition) Act, 1971 was upheld by this Court in The Ishwari Khetan Sugar Milts (P) Ltd. and Anr Etc. v. Tire State of Uttar Pradesh and Ors. Etc. [1980]3SCR331 . However, proceedings before the B1FR is pending to streamline the working of sick industry, namely, U.P. State Sugar Corporation. Shri H.N. Salve, the learned senior counsel appearing for the appellants and Writ Petitioner in these cases, submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e principal of the said deposits or interest accruing thereon. The said deposits and Bank Guarantees shall be subject to the orders that may ultimately be passed by the Supreme Court in appeals now pending before it, namely civil appeals Nos. 712 and 713 of ]977. If the said appeals are dismissed, it is obvious that the amount covered by the Bank Guarantees has to be paid over to the Central Bank/Food Corporation of India. If, however, the said appeals are allowed, the amount will go to the scheduled undertaking, which should go towards the discharge of arrears which accrued prior to 2.3.1970. In that event, any surplus amount accruing on account of the difference in interest should firstly be available for discharging the said arrears for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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