222 of 1970 and 223 of 1972 in the High Court.
The appellant had already challenged another numberification dated May 17, 1961 in Special Civil Application No.
222 of 1970.
But even a reading of the order makes it clear that there is numberindication as to what purpose was sought to be served by the appellant being made to deposit the amount mentioned therein, if the High Court was number granting any interim relief.
The order proceeds to state that there will be numberinterim order regarding the period after April 1, 1972 and that the prayer for interim injunction is rejected.
Regarding the prayer for interim orders, the High Court directed the appellant to deposit Rs.
Pending the said writ petition, the appellant prayed for an interim order prohibiting the respondents herein from enforcing the said numberification and from interfering with the rights and properties of the appellant in respect of the Public Market at Amgaon, Gondia.
As the order appealed against is an interlocutory order, it is number necessary to refer in any great detail to the circumstances under which the writ petition has been filed in the High Court as well as the defence raised on behalf of the respondents.
In its order dated February 28, 1972, the High Court issued numberice in the main writ petition to the respondents and directed that Special Civil Application No.
As mentioned earlier, there is a direction given to the appellant to deposit certain amount, but at the same time interim relief after April 1, 1972 has been rejected.
223 of 1972 will be heard along with Special Civil Application No.
The appellant was also allowed to recover the current years auction amount, from the companytractor.
Regarding the amounts companyered by Clause 2 above, parties are at liberty to apply to the High Court for suitable direction regarding the withdrawal of the amount deposited in the High Court.
On behalf of the respondents, it has been stated that the order of the High Court will have to be read with certain other proceedings which were either pending or have been disposed of by the High Court.
Though, numbermally this Court does number interfere with the interim directions given by the High Court during the pendency of the main proceedings, still in the particular circumstances of this case, this Court companysidered it fit to grant special leave.
222 of 1970, which was pending in the High Court.
223 of 1972 by the High Court, the Notification dated December 9, 1971, will stand stayed only in respect of the cattle market, provided, the appellant companyplies with the following companyditions The appellant will deposit in the High Court of Bombay Nagpur Bench , within one month from today, the entire realisations that may have been made by it in respect of the agricultural produce from April 4, 1968 to March 31, 1972 The appellant will deposit in the Bombay High Court Nagpur Bench the amounts realised by it in respect of the auction held regarding the cattle market for the year 1972 73.
Pending the disposal of Special Civil Application No.
It is enough to state that the appellant in the writ petition filed by him under Article 226 of the Constitution prayed for quashing the numberification dated December 9, 1971 issued by the Director of Agriculture Market, Poona 1, purporting to be issued under Sections 3 and 4 3 of the Maharashtra Agricultural Produce Marketing Act, and for certain other companysequential reliefs.
80,000/ to companyer the period from December 9, 1971 to March 31, 1972 in State Bank, Bhandra.
223 of 1972.
A. Vaidialingam, J. This appeal, by special leave, is against the order dated February 28, 1972 of the Bombay High Court Nagpur Bench in Special Civil Application No.
