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august 2008

Supreme Court of India · 2008-08-05

KOPARGAON SAHAKARI SAKHAR KARKHANA LTD., vs STATE OF MAHARASHTRA .

Citation / case number
SC 2002/15881
Court
Supreme Court of India
Petitioner
KOPARGAON SAHAKARI SAKHAR KARKHANA LTD.,
Respondent
STATE OF MAHARASHTRA .
Author
R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,
Bench
R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,

Judgment text excerpt

The Supreme Court addressed the challenge to the deletion of the proviso to Section 5(2) of the Rules, affirming the Bombay High Court's interim order that required the appellants to deposit the transport fee while their writ petitions were pending. The Court noted that a similar amendment had been quashed in M/s. Vam Organic Chemicals Ltd. vs. State of Maharashtra, which had been upheld by this Court. The Court directed that the interim order of no recovery of transport fee would continue until the resolution of the writ petitions, with conditions for payment if the appellants ultimately lose, including interest at 9%.

KOPARGAON SAHAKARI SAKHAR KARKHANA LTD., vs STATE OF MAHARASHTRA . · Niyam