JUDGMENT U.K. Dhaon, J.
1. Mr. S.K. Dholakia, Senior Advocate, assisted by Mr. Akhilesh Kalra, learned Counsel appearing for the petitioner in Writ Petition No. 5274 (MB) of 2006 submits that the instant petition may be treated as an application for interim relief in Writ Petition No. 5614 (MB) of 2002. Since the petitioner of Writ Petition No. 5274 (MB) of 2006 is respondent No. 6 in Writ Petition No. 5614 (MB) of 2002 and a detailed order was passed on 6.3.2006 we treat this writ petition No. 5274 (MB) of 2006 as an application for interim relief in Writ Petition No. 5614 (MB) of 2002.
2. In compliance of the order passed by this Court Mr. Bireshwar Nath, learned Counsel for the C.B.I. has placed before us the status report which is taken on record. He prays for and is granted two months' further time to complete the inquiry and submit the report before the next date.
3. Mr. Vinai Shankar, the learned Counsel for the petitioner has moved the application for dismissal of the writ petition. On 6.3.2006 we directed C.B.I. to inquire into the matter of loss of 49128 sugar bags from the factory godown. Today the Counsel for the C.B.I. has submitted the status report.
4. The application moved by the petitioner, Allahabad Bank, for dismissal of Writ Petition No. 5614 (MB) of 2002 is hereby rejected.
5. Mr. S.K. Dholakia, learned Senior Advocate, appearing on behalf of M/s. Indo-Gulf Industries Limited, submits that in pursuance of the recovery certificate issued by the Cane Commissioner the sugar division of Sugar Mill at Maizapur, District Gonda, was attached by the State administration. He further submits that the Industrial Finance Branch of the Allahabad Bank, New Delhi, had extended financial assistance to the unit and in pursuance of an agreement the sugar stock of the company was pledged with the Allahabad Bank. He further submits that the company with an intention to revive the Maizapur Unit has approached the Allahabad Bank for one-time settlement and has paid a sum of Rs. 6.79 crores to the Allahabad Bank as full and final settlement. He further submits that the company is also willing to deposit a sum of Rs. 3,23,31,000.00 (three crores, twenty-three lakh, thirty-one thousand rupees) against the demand notice of Rs. 15,61,00,000.00 (fifteen crores sixty-one lacs rupees) issued by the Cane Commissioner, U.P. Lucknow. The Allahabad Bank has not withdrawn Rs. 4,00,00,000.00 (four crore rupees) in pursuance of order dated 6.3.2006.
6. Mr. Jaideep Narain Mathur, learned Additional Advocate General, assisted by Mr. I.P. Singh, learned Chief Standing Counsel, appearing on behalf of the State, submits that in compliance of the order dated 6.3.2006 the Cane Commissioner U.P., Lucknow has distributed a sum of Rs. 7,57,55,091.00 (Rupees seven crore fifty-seven lakh fifty-five thousand ninety-one) and the remaining amount of Rs. 12,44,909.00 (Rupees twelve lakh forty-four thousand, nine hundred and nine) is still lying with the Cane Commissioner.
7. Mr. Vinay Shanker, learned Counsel appearing for the Allahabad Bank submits that they have arrived at a full and final settlement with M/s. Indo-Gulf Industries Limited [respondent No. 6 in Writ Petition No. 5614 (MB) of 2002] and now there is no outstanding dues against the said company.
8. Mr. B.K. Shukla, learned Counsel, appearing on behalf of the Employees Provident Fund Organisation, submits that Rs. 86,00,000.00 (Rupees eighty-six lakh) is outstanding towards the employees provident fund.
9. We have considered the submissions made by the learned Counsel for the parties. In pursuance of the demand dated 12.8.2002 for rupees fifteen crore sixty-one lakh and odd the unit of Maizapur was attached by the State administration. Learned Counsel for the Indo-Gulf Industries Limited has informed us that they have paid a sum of Rs. 6.79 crores to the Allahabad Bank as full and final settlement of the cash credit limit. Mr. Vinay Shanker, learned Counsel appearing on behalf of the Allahabad Bank, admits that now there is no outstanding dues of the Bank against the Indo-Gulf Industries Limited.
10. The order dated 6.3.2006 is, therefore, modified and it is provided that rupees four crores shall also be released in favour of the Cane Commissioner, U.P. Lucknow for disbursement of the cane dues to the fanners. The Indo-Gulf Industries Limited shall deposit a sum of Rs. 3,23,31.000 (Rupees three crores, twenty-three lakh thirty-one thousand) through Bank Draft with the Registrar of this Court within three days.
11. We, therefore, direct the respondent Nos. 1 to 5 to unlock the Maizapur Unit of M/s. Indo-Gulf Industries Limited forthwith and to hand over the possession of the said unit to respondent No. 6 of Writ Petition No. 5614 (MB) of 2002 i.e. M/s. Indo-Gulf Industries Limited.
12. The Registrar of this Court shall keep the status report (in duplicate) submitted by the C.B.I. in sealed cover.