9911796707
TMI Blog1969 (10) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... ment in exercise of the powers conferred on it by Section 3 of the Essential Commodities Act, 1955 (Act X of 1955) promulgated the Sugar (Control) Order, 1966. Clause 4 of that Order restricted the sale of sugar by producers. It reads: No producer shall sell or agree to sell or otherwise dispose of sugar or deliver or agree to deliver sugar, or remove any sugar from the bonded godowns of the factory in which it is produced, except under and in accordance with a direction issued in writing by the Central Government or the Chief Director. By Order dated November 16, 1967, the Sugar (Control) Order, 1966 was amended and the above mentioned Clause 4 was substituted by the following Clause: The Central Government may direct that no producer s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hose Orders were received by the appellants on the 27th December, 1967. Thereunder they were required to dispose of sugar released for sale in the open market on or before January 22, 1968. Immediately after receiving the Order, the ap pellants entered into contracts with the dealers for the sale of sugar. They also applied for railway wagons for transport of that sugar to the States outside their own. Most of the Sugar released for open sale was removed from their go downs within the time prescribed but each of the appellants was not able to put into open market a fraction of the sugar released for sale in the open market as the railway wagons were not made available to them in time due to some difficulty or other on the part of the Railwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... days time given to the appellants for the disposal of the sugar cannot be considered as reasonable. We think that the second respondent unreasonably rejected the apAppellants request to extend the time for the disposal of the sugar released for sale in the open market. He appears to have acted mechanically. 7. For the reasons mentioned above we allow these appeals and direct the respondents (in accordance with the Orders made in these appeals on June 6, 1969) to release to the appellants an equivalent quantity of sugar for free sale out of the appellants quota of levy sugar for the season 1968-69 in lieu of the sugar that they had to surrender from out of the quota released to them for sale in the open market for the year 1967-68. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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