Belapur Co. Ltd. vs Maharashtra State Farming Corporation

As far as the suit (Suit No. 610 of 1867) is concerned, I grant a declaration in terms of prayer (b), and pass a decree in terms of prayer (d) and direct that, in order to be entitled to specific performance thereunder, the plaintiffs should intimate to the defendant-corporation in writing their readiness and willingness to purchase the entire sugarcane from their surplus lands for each crushing season at least eight weeks before the start of that season. This direction will, however, not apply to the ensuing crushing season 1968-69 in regard to which a statement has been made by Mr. Nariman in Court that the plaintiffs are ready and willing to purchase the entire sugarcane from their surplus lands for the said season. It may be mentioned that the reference in prayer (d) to "prayer (a)" is obviously s mistake for "prayer (b)", and this decree should be read accordingly, I also grant an injunction in terms of prayer (e) with the addition of the words, "provided that the plaintiffs intimate in writing to the defendants, in respect of the crushing-season 1969-70 and thereafter, at least eight weeks before the start of each such crushing-season their readiness and willingness to purchase the entire sugarcane from their surplus lands for that season." In view of the terms of the Consent Order dated 29th November 1967 passed on the Notice of Motion taken out by the plaintiffs in this suit, I direct that the defendants must repay to the plaintiffs the ad hoc sum of Rs. 10/- per ton over the minimum price paid by the plaintiffs to them, together with interest at 9 per cent per annum, on the expiry of the period of appeal from this judgment, if no appeal is filed therefrom. In the event of an appeal being filed this judgment, the directions of the appellate court should be obtained in regard to the same. The plaintiffs having substantially succeeded in the suit. The defendants must pay their costs of the suit. In my opinion, this is a fit case in which a direction should be given under Rule 601 of the Rules of this Court (Original Side). I leave it to the Taxing Master to allow such sum exceeding Rs. 2,000/- as he may in his discretion think proper as Instructions for Brief.

In view of the statements made by the learned Advocate-General on 22nd July 1968 and 29th July 1968, I grant a declaration in terms of prayer (a) of Misc. Petition No. 664 of 1967, omitting the words, " the said Rules 12B and 12C as per Ex F hereto and". I also grant a declaration in terms of prayer (b) of the said Misc. Petition. I issue a writ, direction and order under Art. 226 of the Constitution, and writ in nature of mandamus restraining the respondents, by themselves. their servants, officers, or agents, from enforcing or implementing in any manner or acting upon the said Resolutions dated 1st November 1967 and 9th November 1967. The respondents must pay the petitioners costs of Misc. petition No. 664 of 1967 which I fix at Rs. 2,000/-.

For the reasons stated above, I, however, make no order in Misc. Petition No. 615 of 1967, and no order with regard to the costs thereof.

Order accordingly.