VITTHALROA SHINDE SAHAKARI SAKHAR KARKHANA LTD. THROUGH THE SECRETARY, v. STATE OF MAHARASHTRA AND ORS.
Illustrates statutory interpretation and application of rules/regulations in a specific industry context, useful for administrative/regulatory law.
Court: Bombay High Court
Citation: 2025:BHC-AS:23260-DB
Decision Date: 13-06-2025
List of Laws
Constitution of India, 1949; Essential Commodities Act, 1955; Maharashtra Regulation of the Sugarcane Price (Supplied to Factories) Act, 2013; Sugarcane (Control) Order, 1966; Maharashtra Regulation of the Sugarcane Price (Supplied to Factories) Rules, 2014
- Constitution of India, 1949: The petition was filed under Article 226 of the Constitution of India, challenging an order regarding the deduction of Equated Monthly Installments (EMI) for arriving at Revenue Sharing Price (RSP).
- Essential Commodities Act, 1955: The judgment mentions that the petitioner is governed by the Essential Commodities Act, 1955, and is obliged to pay Fair Remunerative Price (FRP) for the purchase of sugarcane from farmers under this Act.
- Maharashtra Regulation of the Sugarcane Price (Supplied to Factories) Act, 2013: The judgment extensively discusses this Act, referring to it as "the 2013 Act". Section 3 provides for the constitution of the Board. The court remands the determination of RSP for the year 2016-2017 to the Board constituted under Section 3, specifically regarding whether EMI (loan or interest or both) is required to be reduced. Section 4 provides for the functions of the Board, stating that the Board shall decide sugarcane prices payable to the farmers, in addition to the FRP decided by the Central Government, on RSP.
- Sugarcane (Control) Order, 1966: The judgment mentions that the petitioner is governed by the Sugarcane (Control) Order, 1966. No specific sections or articles of this order are discussed.
- Maharashtra Regulation of the Sugarcane Price (Supplied to Factories) Rules, 2014: The judgment refers to these rules as "the 2014 Rules". The 2014 Rules are issued under Section 12 of the 2013 Act to implement and aid various provisions of the Act. Rule 9 provides for fixation of sugar price for the purposes of Section 4(a) of the 2013 Act. Rule 9(2) provides that every factory shall submit detailed accounts of its crushing, realisation from sale of sugar, etc., in such format as the Board may specify. Rule 9(3) provides for maintaining the records in such form as the Board may specify for calculating revenue sharing from sale of sugars and by products. Rule 9(4) provides for deduction of actual harvesting and transportation cost.
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