VITTHALROA SHINDE SAHAKARI SAKHAR KARKHANA LTD. THROUGH THE SECRETARY, vs STATE OF MAHARASHTRA AND ORS.

Judgment text excerpt

Digitally signed by REVATI REVATI VAIBHAV VAIBHAV KADAM 11.WP.849.18(J).DOCX KADAM Date: 2025.06.13 15:14:39 +0530 Revati IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.849 OF 2018 Vitthalrao Shinde Sahakari Sakhar Karkhana Ltd. Gangamai Nagar, Pimpalner, Taluka Mhada, District Solapur-413210 … Petitioner Versus 1. State of Maharashtra 2. The Secretary Law and Judiciary Department, Government of Maharashtra, Mantralaya, Mumbai-400032 3. The Commissionerate of Sugar Sakhar Sankul, Shivajinagar, Pune … Respondents ______________________________________________________ Mr Anil Anturkar, Senior Advocate a/w Mr Amol Gatne, for the Petitioner. Mr A I Patel, Addl. GP a/w Mr M M Pabale, AGP for the Respondent No.1 and 3. ______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ. RESERVED ON : 12 June 2025 PRONOUNCED ON : 13 June 2025 JUDGMENT (Per Jitendra Jain, J.):- 1. Rule. By consent of the parties taken up for final hearing. Page 1 of 7 11.WP.849.18(J).DOCX 2. This Petition filed under Article 226 of the Constitution of India challenges an order dated 13 December 2017 passed by Respondent No.3 for the year 2016-2017, whereby the Petitioner's request to grant deduction of payment of Equated Monthly Installments (EMI) in respect of loan taken has been rejected for the purposes of arriving at Revenue Sharing Price (RSP). Brief facts :- 3. The Petitioner is a Co-operative Sugar factory engaged in the business of manufacturing and selling sugar. In the matters of dealing with the sale and manufacture of sugar, the Petitioner is governed by the Essential Commodities Act, 1955, the Sugarcane (Control) Order, 1966 and Maharashtra Regulation of the Sugarcane Price (Supplied to Factories) Act, 2013 (the 201