The appellant sugar mill aggrieved by the said order preferred a Special Leave Petition in SLP C number16633 of 2013 and this Court by order dated 1.5.2013 dismissed the petition by observing thus We have heard Shri Sanjay Parikh, learned companynsel for the appellant and perused the record.
Challenging the said order the appellant sugar mill has preferred the present appeal.
The Division Bench of the High Court after hearing both sides directed the District Magistrate, Hathras to take immediate action against the Directors and occupiers of the appellant sugar mill against whom several orders have been passed under the U.P. Sugarcane Regulation and Supply Act, 1913 and it further observed in the order that the District Magistrate may in exercise of his powers cause arrest of the Directors and occupiers of the sugar mill to recover the dues and in the event of such arrest, they will number be released until they have paid the entire amount due against them.
This led to the filing of Writ Petition in Writ C number14936 of 2013 by respondents 1 to 3 seeking for issuance of the Writ of Mandamus directing the appellant herein to release the sugarcane price to them.
The facts in nutshell are as follows.
The special leave petition is accordingly dismissed Thereafter the appellant sugar mill filed an application in the pending Writ Petition in the High Court of Judicature at Allahabad seeking for stay of arrest of the Directors pursuant to the order dated 26.4.2013 and the Division Bench of the High Court after hearing both sides and after referring to the earlier orders held that numbermodification vacation of the order dated 26.4.2013 is required and, accordingly, rejected the prayer of stay of arrest.
Respondents 1 to 3 supplied sugarcane to the sugar mill of the appellant in the year 2007 08, for which the appellant has number paid the price in spite of several representations made by the respondents 1 to 3 herein.
NAGAPPAN, J. Leave granted.
This appeal is directed against the interim Order dated 31.7.2013 passed by the High Court of Judicature at Allahabad in Writ Petition number14936 of 2013 whereby the Division Bench rejected the prayer of the appellant to stay the arrest of the Directors and occupiers of the appellant companypany.
