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SC sends sugar price case back to LHC for re-decision in 15 days

While sending the sugar price fixation case back to the Lahore High Court (LHC) with directives to re-decide the issue within 15 days on Thursday the top court allowed millers to sell the commodity provisionally at fixed ex-mill rate till final adjudication of the matter.

On August 10, the federal government moved the Supreme Court, challenging the Lahore High Court’s stay order that restrained the provincial authorities from taking any action to lift the commodity from sugar mills premises under the recently fixed ex-mill rate of sugar Rs84.50 per kilogram.

Taking up the federation’s plea on Thursday, a three member bench of the top court led by Justice Umar Ata Bandial observed the court has nothing to do with fixation or determination of the commodity price/profit or loss but to decide the question of law over an issue.

Appearing before the bench Additional Attorney General for Pakistan Aamir Rehman Chaudhry opposed the LHC order of August 03 in the matter saying the Controller General of Prices has fixed the sugar price per kilogram on July 30, 2021 @ Rs84.50 per kg ex-mill and retail prices Rs89.50 per kg.

Urging the top to set aside the LHC order in the matter, he submitted, “The alleged disagreement by sugar mills regarding the recovery rate, overheads and profits is a disputed question of fact and the price fixed by Controller General of Prices relaying upon the data provided by 32 sugar mills on the average basis and reasons recorded for each component is well reasoned and lawful order to pass the benefit to public at large in providing an essential commodity on a controlled rate under the law”.

After a brief hearing of the matter, the bench issued directives to sugar mills to deposit the difference between the government’s fixed price and rate of the sugar mills voluntarily in the high court till final settlement of the issue. Disposing of the federation plea in the matter

Issuing directives to remand the matter to LHC as well as ordering the cane commissioner to compile the record of sugar stock and sale the top court disposed of the federation plea.

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