Nsl Sugars Limited- Unit-Ii Aland vs. The Commissioner For Cane Development And Director Of Sugar

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) Nos.14359-14360/2023 (Arising out of impugned final judgment and order dated 13-06-2023 in IA No. 2/2022, 13-06-2023 in IA No. 1/2023 passed by the High Court Of Karnataka at Kalaburagi)

NSL SUGARS LIMITED – UNIT II Petitioner(s)

VERSUS

THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.127434/2023-EXEMPTION FROM FILING O.T. )

Date : 17-07-2023 These petitions were called on for hearing today.

CORAM :

Date: 2023.07.18

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s)	Mr. Basavaprabhu S. Patil, Sr. Adv.
	Mr. B.B. Patil, Adv.
	Mr. Chinmay Deshpande, Adv.
	Mr. Anirudh Sanganeria, AOR

For Respondent(s) Mr. CA Sundaram, Sr. Adv. Mr. Vanshdeep Dalmia, AOR Mr. Zafar Inayat, Adv. Mr. Shivam Pundhir, Adv. Ms. Anisha Jain, Adv.

UPON hearing the counsel the Court made the following O R D E R Issue notice to the respondents.

Shri Vanshdeep Dalmia, learned counsel accepts notice for the respective respondent(s).

We have heard learned senior counsel appearing for the respective parties on the interim order sought for by the petitioner herein. Digitally signed by Neetu Sachdeva Signature Not Verified

We have considered our previous order dated 16.12.2022 passed in SLP(C)Nos.22782-22783/2022, disposed of by this Court. It 17:13:44 IST Reason:

contd..

is submitted at the Bar that the matter is at the stage of final hearing before the Division Bench of the High Court. But we are surprised that when the matter is at the stage of final hearing, an application has been entertained by the High Court and directions have been issued to the Cane Commissioner to ensure that 60% of the proceeds of sale of Molasses, Ethanol and Sugar be paid directly to the applicant(s) therein/respondent No.3 herein and the remaining 40% to be deposited with the High Court. Prima facie**, in our view, such a direction is in the nature of a final direction being issued on an interim application when the main matter is still at large for being heard finally.**

It is submitted by learned senior counsel appearing for respondent No.3 that the amount of approximately Rs.1,200,000,000/- (Rupees one hundred and twenty crores) has already been disbursed to it and it is deposited in the Bank.

In the interest of both parties and in order to safeguard the said amount, respondent No.3 shall not deal with the said amount in any manner, until the next date of hearing. In case the Bank has debited any portion of the amount received by respondent No.3 from the Cane Commissioner or has already been utilized by the said respondent till 15.07.2022, the same shall be brought to the notice of this Court by the next date of hearing.

Any further sale proceeds to be received by the Cane Commissioner pursuant to our earlier order dated 16.12.2022 shall be deposited before the High Court and shall not be disbursed in terms of the impugned order.

Contd..

It is needless to observe that the pendency of this matter and the Contempt Petition before this Court will not come in the way of the Division Bench of the High Court in continuing to hear and dispose of the writ appeal.

List on 04.08.2023.

(NEETU SACHDEVA) (MALEKAR NAGARAJ) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)