MAHABIR SUGAR MILLS LTD. AND ORS. ETC.versusSTATE OF U.P. AND ORS. ETC.

          MAHABIR SUGAR MILLS LTD. AND ORS. ETC.                                  A
                                      v.
                    STATE OF U.P. AND ORS. ETC.

                             AUGUST 27, 1996

 [K. RAMASWAMY, B.L. HANSARIA AND S.B. MAJMUDAR, JJ.)                             B

      U.P. Sugar Undertakings (Acquisition) Act, 1971:

       Proceedings pending before BIFR to streamline the working of the sick
industry--Open to the appellants to make representation to BIFR which
would dispose it of-Pending civil suits-Open to pa1ties to agitate their rights
                                                                                  c
in the suits-Decrees will be passed by Civil Court in accordance with law.

      T71e Ishwa1i Khetan Sugar Mills (P) Ltd. & Am: Etc. v. T7ie State of
Uttar Pradesh & Ors. Etc., (1980] 3 SCR 331, referred to.
                                                                                  D
      CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2576-77
of 1981 Etc. Etc.

     From the Judgment and Order dated 8.5.81 of the Allahabad High
Court in W.P. Nos. 8135 and 4301 of 1990.
                                                                                  E
     H.N. Salve, D. Dave, B. Sen, Yogeshwar Prasad, D.V. Sehgal, Mrs.
Rani Chhabra, Pradeep Mishra, P.K. Bajaj, S. Kulshreshtha, R.K. Gupta,
S.K. Gupta, Ashok K. Srivastava, S.D. Sharma and Rishi Kesh for the
appearing parties.

      The following Order of the Court was delivered :                            F

In C.A. Nos. 2576-77/81, 347/86, W.P. No. 7535-36/85 and CMP No.
18628/86 !11 CA. No. 1292/86.

      These matters are disposed of together. We need not elaborately
mention the facts leading to filing of these appeals and Writ Petitions.          G
Suffice it to state that the validity of U.P. Sugar Undertakings (Acquisition)
Act, 1971 was upheld by this Court in The lshwari Khetan Sugar Mills (P)
Ltd. & Anr. Etc. v. T71e State of Uttar Pradesh & Ors. Etc., (1980) 3 SCR
331. However, proceedings before the BIFR are pending to streamline the
working of sick industry, namely, U.P. State Sugar Corporation. Shri H.N.         H
                                         229
    230                  SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

A   Salve, the learned senior counsel appearing for the appellants and Writ
    Petitioner in these cases, submitted that he had discussion with his clients
    after the case was last adjourned. He suggested that the appellants are
    proposing to make a representation to the BIFR for eonsideration of their
    cases and so it was not necessary to argue the case on merits. In that view,
B   we need not decide the case on merits. It would be open to the appellants
    to make representation to the BIFR and it would be open to the BIFR to
    entertain the representation and dispose it of.

          The appeals and Writ Petitions are accordingly dismissed as
    withdrawn with the above observation. We make it clear that no issue of
c   law or fact is left open in these cases.

          Pending appeal, the appellant made an application in CMP No.
    18628/86 for directions as regards the possession of the bungalow occupied
    by the Director of the appellant Company. When there was a conflicting
D   claim as regards the possession, this Court had called for a report from the
    District Judge, Bulandshehar. In furtherance thereof, the District Judge
    submitted the report. On consideration of the report by proceedings dated
    January 09,1990 this Court passed the order as under :

             "In this case, a report has· been received from the learned District
E
             Judge as to the persons who are in possession of the property as
             on May 9, 1986. These are clearly prima facie findings in order to
             enable this Court to pass an interim order. We direct that the status
             quo regarding the possession, as reported by the District Judge
             will continue till the disposal of the case.
F
             We may make it clear that we do not pronounce regarding the title
             to the property in question and also regarding any question of
             mesne profits which the, appellants may be entitled to. The appel-
             lants, if they so desire, may take the appropriate proceeding in the
G            matter."

          In view of the fact that we are now dismissing the appeals as
    withdrawn we make it clear that the order and the status quo order stand
    discharged. whoever seeks any positive directions as regards the possession
H   of the bungalow, it would be open to the appropriate party to take such
                MAHABIR SUGAR MILLS LTD. v. STATE                     231

procedure as is available at law. We give eight weeks' time from today to A
take such steps; until then the status quo order granted by this Court would
continue for eight weeks only and no further. As regards the vesting and
other incidental issues, it would be open to the appropriate parties to lay
proceedings under Section 10 of U.P. Sugar Industry Undertakings Act
before the prescribed authority which would decide the matter in accord- B
ance with law. It would be open to the prescribed authority to consider the
question independently on its own merit in accordance with law and it
would be open to the parties to place such material as is available to them
at law.

In CA. No. 257811981                                                        c
      Appeal is dismissed as infructuous.

In CA. No. 1292-93/86 and WP. No. 378/86

       These matters are disposed of together. We need not elaborately D
mention the facts leading to file these appeals and Writ Petitions. Suffice
it to state that the validity of U.P. Sugar Undertaking (Acquisition) Act,
1971 was upheld by this Court in 17ze Ishwari Khetan Sugar Mills (P) Ltd.
& Anr. Etc. v. 17ie State of Uttar Pradesh & Ors. Etc., [1980] 3 SCR 331.
However, proceedings before the BIFR is pending to streamline the work- E
ing of sick industry, namely, U.P. State Sugar Corporation. Shri H.N. Salve,
the learned senior counsel appearing for the appellants and Writ Petitioner
in these cases submitted that he had discussion with his client after the case
was last adjourned. He suggested that the appellants are proposing to make
a representation to the BIFR for consideration of their cases and so not F
necessary to argue the case on merits. In that view we need not decide the
case on merit. It would be open to the appellants to make representation
to the BIFR and it would be open to the BIFR to .entertain the .repre-
sentation and dispose it of. The appeals and Writ Petitions are accordingly
dismissed as withdrawn with the above observation. We make it clear that G
no issue of law or fact is left open in these cases.

In CA. 1294/86 and WP. No. 391/86

     These .matters are disposed of together. We need not elaborately
mention the facts leading to file these appeals and Writ Petitions. Suffice H
    232                    SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R.

A it to state that the validity of U .P: Sugar Undertakings (Acquisition) Act,
    1971 was upheld by this Court in The Ishwad Khetan Sugar Mills (P) Ltd.
    & Anr. Etc. v. The State of Uttar Pradesh & Ors. Etc., [1980) 3 SCR 331.
    However, proceedings before the BIFR is pending to streamline the work-
    ing of sick industry, namely, U.P. State Sugar Corporation. Shri H.N. Salve,
B   the learned senior counsel appearing for the appellants and Writ Petitioner
    in these cases, submitted that he had discussion with his clients after the
    case was last adjourned. He suggested that the appellants are proposing to
    make a representation to the BIFR for consideration of their cases and so
    not necessary to argue the case on merits. It that view we need not decide
    the case on merit. It would be open to the appellants to make repre-
c   sentation to the BIFR and it would be open to the BIFR to entertain the
    representation and dispose it of.

          The appeals and Writ Petitions are accordingly dismissed as
    withdrawn with the above observation. We make it clear that no issue of
D   law or fact is left open in these cases.

    SLP (C) Nos. 9931-32/1991

          Leave granted.

E         We have heard the learned counsel on both sides.

           The appeals arise from the order of the High Court made in Writ
     Petition No. 9690/1990 dated January 24, 1991. The appellants have sought
     for directions against the bank for the realisation of the dues belonging
     to the undertakings. The High Court in the impugned order passed as
F    under:

             "For the above reasons and having regard to the circumstances of
             the case, while we cannot grant all the reliefs prayed for in these
             writ petitions, they are disposed of with the following directiurs :

G            (i) Neither the Central Bank of India nor the State Bank of India
             (respondents 1 and 2 respectively in W.P. No. 9690 of 1990 and
             sole respondents in W.P. No. 19630 and 19629 respectively) shall
             pay any further amounts to respondents 3 and 4 or any other
             person out of the principal of the said deposits or interest accruing
H            thereon. The said deposits and Bank Guarantees shall be subject
              MAHABIR SUGAR MILLS LID. v. STATE                        233

~
      to the orders that may ultimately be passed by the Supreme Court       A
      in appeals now pending before it, namely civil appeals Nos. 712
      and 713 of 1977. If the said appeals are dismissed, it is obvious
      that the amount covered by the Bank Guarantees has to be paid
      over to the Central Bank/Food Corporation of India. If, however,
      the said appeals are allowed, the amount will go to the schecjuled
                                                                             B
      undertaking, which should go towards the discharge of arrears
      which accrued prior to 2.3.1970. In that event, any surplus amount
      accruing on account of the difference in interest should firstly be
      available for discharging the said arrears for recovering which the
      Receiver was appointed. Of course, this direction shall be subject
      to any directions to the contrary given by the Supreme Court in        c
      the said appeals.

      (ii) Within a period of one year from today it shall be open to the
      Government or the Collector under the provisions of the U.P.
      Zamindari Abolition and Land Reforms Act to issue appropriate
      orders of attachment or restraint, as the case may be, calling upon
                                                                            D
      the respondent Banks to pay the surplus interest amount to them.
      If such orders are issued, the Bank shall obey the same subject,
      of course, to orders to the contrary if any by any court or competent
      authority.
                                                                             E
      (iii) The bank may consider, and indeed it will be well advised in
      taking steps for recovering the amounts paid by it or loan given by
      it, as the case may be, to respondents 3 and 4. That is, however, a
      matter for the bank to decide.
                                                                             F
          This order does not preclude the petitioner Corporation from
      adopting such remedies as are open to it under law, including civil
1
      suits, for establishing its claims and contentions. Similarly, this
      order does not preclude the Government, Collector. or any other
      authority from recovering the amounts which they claim are due
      to them either from respondents 3 and 4 or from any other person       G
      liable in that behalf in accordance with the procedure prescribed
      by law. If any proceedings are already initiated in that behalf they
      can also be continued according to law."

    We are informed that both the appellant as well as respondent have       H
                                                                                    L
    234                   SUPREME COURT REPORTS [1996] SUPP. 5 S.C.R.

A filed civil suits which are pending disposal. Under these circumstances, we       ,_
                                                                                    "f-
    think that it is not necessary for us to go into the question. It would be
    open to the parties to agitate their rights in the suit_s and decrees will be
    passed by the Civil Court in accordance with law.

           The appeals are accordingly dismissed. No costs.
B
    G.N.                                                      Appeals dismissed.

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