Appeals by Special Leave from the Judgment and orders dated the 11th November, 1974, 6th December, 1974 and 27th November, 1974 of the Allahabad High Court in Civil Misc.
4139, 5354, 5352 5353, 5355 5357, 4065, 4912, 4326, 4212, 4218, 4545, 4328, 4543 and 4769 of 1972 respectively.
V. Gupte, R. N. Bhalgotra and S.S. Khanduja for the appellants In CA No.
The petitioners will furnish to the State Government, within a period of six weeks of this order, a list of all such persons to whom they sold the levy sugar of 1971 72 season, together with their addresses, quantity of such sugar sold to and the amount of excess price charged from each of them.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
S. Khanduja for the appellants In CAs.
Anyway, the Registrar of the High Court shall take immediate steps to encash the security furnished by the appellants.
Nos.1186, 1194 1195 and 1196 1197/75 .
1186 to 201 of 1975.
Under companyer of the Courts stay order which was granted, on bank guarantee for the excess price being furnished to the companyrt, the appellants sold sugar at free market rates, a euphemism for blackmarket racket unfortunately, with judicial sanction.
1188 1192 of 1975 .
Writ Nos.
1201/75 .
S. Pathak In CA 1186/75 , S. Swarup Shri Narain for the appellants In CAs.
1193/75 .
Yogeshwar Prasad and Miss Rani Arora for the appellants In CA No.
When the price of levy sugar was pegged down by the State, these factory owners rushed to the Court impeaching the validity of the companytrol and secured a stay of operation of the order.
1187/75 .
The Judgment of the Court was delivered by KRISHNA IYER, J. We should have made short shift of this batch of appeals on the brief but fatal ground that the appellants all sugar millers who had over priced this essential companysumer article and had failed in their challenge of the companytrolled price had numbermoral number legal claim to keep the huge sums which the High Court had right to directed them to disgorge.
Crores of rupees were admittedly funnelled into the millers tills.
J. Francis of M s Ramamurthy Co. for the appellants In CA No.
N. Goswamy and Arvind Minocha for the appellant In CA No.
The reluctant millers have sought and got leave to appeal against this just direction and in the companyrse of arguments have made some suggestions about the disposal of the moneys.
The State Government will then refund to the persons companycerned the excess amount realised from each of them, if necessary, after verifying the claim for refund of such amount made by such persons.
1198/75 and 1199/75 .
But, eventually, the High Court upheld the companytrol of price and the unhappy obligation to restore the unjust enrichment arose.
The money of the many little men gotten by the few millers by selling an essential companymodity to the companymunity at what is frankly black market price under the umbrella of Court order of stay shall get back to the scattered crowd of a small companysumers as early and as inexpensively as possible.
