2002 (11) TMI 97

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....writ petition filed by the respondent has been allowed. Briefly stated the facts are as follows :- 2.The respondent is a co-operative society under the Gujarat Co-operative Societies Act, 1961. It is engaged inter alia, in the manufacture of milk and cocoa products and for that purpose has two units, one at Anand and the other at Mogar, both in Kaira district. The respondent receives milk, from....

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.... 4.The respondent, thus, filed a writ petition challenging the rejection of its price list. The High Court has, by the impugned judgment, allowed the writ petition and held that the Union and the Federation cannot be said to be related persons. The High Court has so held on the basis of a decision of this Court in the case of Union of India and Ors. v. ATIC Industries Ltd. reported in [1984 (3) SC....

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....nion. Merely because the Federation purchases milk from the Union would not be sufficient for the purposes of making the Federation a related person. 5.Reliance was placed on bye-laws 23.21, 23.15 and 5.2.18 of the Federation. It was submitted under these bye-laws, the Federation could decide the pricing policy of the Union; fix the rate of service charges for manufacturing, processing or marke....