Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | sugar factory (respondents) sugar stocks Debt — Money lent by appellant creditors 1966 Sugarcane (Control) Order |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Multi-state Cooperative Societies Act, 2002 (39 of 2002) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Debt — Money lent by appellant-creditors — To the sugar factory (respondents) — Certain amount of sugar stocks in the godown of the sugar factories agreed to be pledged in favour of the appellants — On failure on the part of the respondents to pay outstanding dues to sugarcane suppliers, order under Sugarcane (Control) Order, 1966 directing release of certain amount to be paid to sugarcane suppliers was passed — Consequently stock of sugar in the godowns of the respondents including the stock pledged in favour of the appellants, attached — Objection to attachment filed by the respondent-sugar factories and the appellants--Sugar stock further put to auction — Writ petition by appellants pleading that they had right of precedence in the repayment of loan amount — High Court disposed of the petitions holding that the appellants had first right over the amount of pledged sugar — Pursuant to High Court order when the appellants approached the authority concerned, the authority rejected their claim — Writ petitions by appellants against the rejection order — High Court dismissed the writ petitions holding that the appellants had alternative remedy to file suit u/s.218 of Maharashtra Land Revenue Code - On appeal, held: The order of the High Court in the earlier round of litigation, having attained finality, genuineness in favour of the appellants- creditors cannot be doubted — High Court erred in dismissing the writ petitions — The authorities concerned directed to disburse the amount giving precedence to appellants over the dues payable to the workers and sugarcane farmers--Sugarcane (Control) Order, 1966. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 277 |
Petitioner | Sahyadri Co-operative Credit Society Ltd. |
Respondent | The State Of Maharashtra And Others |
SCR | [2016] 2 S.C.R. 347 |
Judgement Date | 2016-03-28 |
Case Number | 1840 |
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