JUDGEMENT
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(1.)Delay condoned.
(2.)Leave granted.
(3.)The fixation of minimum price of levy sugar for the year 1982-83 has already been upheld by this Court in Transferred Case (C) No. 9 of 1990, M/s. Modi Industries Ltd. v. Union of India, decided on 20th February, 1996. The correctness of this decision came to be questioned before a Three Judge Bench of this Court in Shri Malaprabha Co-operative Sugar Factory Ltd. v. Union of India and anr., (1997) 10 SCC 216, but it was not accepted and the Court made the following observations:
"The order that was passed by this Court on 20-2-1996 in Transferred Case (C) No. 9/1990 was in respect of levy sugar price for the year 1982-83 and, therefore, it cannot have any bearing on the fixation of price of levy sugar for the year 1975-'76 to 1979-80. Moreover, this Court, while passing the said order, has clearly stated that "......... this matter is not covered by the decision of this Court in Shri Malaprabha Co-operative Sugar Factory Ltd. v. Union of India, AIR 1994 SC 1311. Even if the Government has omitted to take into consideration one favourable element, namely, wopping up of excess realisation it cannot justify its omission to take into consideration another relevant element which is favourable to the producer of Sugar".
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