01Facts
The appellant sugar factory challenged the Single Judge’s dismissal of its petition seeking permission to sell unsold sugar from the 2025–26 season.
pp. 3–5The Single Judge had declined further relief after noting that the appellant had already sold substantial stock under an interim order, had not adequately addressed the bank’s lien, and had not established that further sales would meaningfully meet its liabilities.
pp. 3–5In the appeal, the Court obtained reports from the Union and the State showing that all cane dues for the season had been paid.
pp. 6–8The appellant’s sugar stock was pledged to respondent No. 4 bank, which claimed substantial amounts were owed to it.
p. 802Issues
i.1. Whether the appellant could be permitted to sell the remaining sugar in accordance with the Government of India circulars dated 31.08.2026, 15.09.2026 and 30.09.2026, given that the farmers’ cane dues had been paid.
pp. 7–10ii.2. Whether the bank’s asserted interest in the pledged sugar prevented such sale, or could instead be pursued through proceedings available in law.
p. 8 · pp. 10–1103Law Applied
The appeal was brought under Section 4 of the Karnataka High Court Act, 1961.
p. 2The Court considered the applicable Government of India circulars governing the sale of sugar, including those dated 31.08.2026, 15.09.2026 and 30.09.2026.
pp. 9–10It also proceeded on the principle that a bank claiming rights over pledged stock may pursue its remedies in accordance with law.
p. 10The judgment does not identify a specific precedent or set out the text of the circulars.
Provisions in the judgment · 1 · Linked ones open on LawLens
KARNATAKA HIGH COURT ACT, 1961 Section 4
04Reasoning
The Court’s principal concern was whether farmers remained unpaid; the Union and State reports both showed that cane dues for the 2025–26 season were nil.
pp. 7–8The Union of India stated that it had no objection to sale in accordance with the relevant circulars.
p. 9As to the bank’s claim over the pledged sugar, the Court considered that the bank had adequate remedies in law and reserved its right to pursue them.
p. 8 · pp. 10–11On those circumstances, it permitted sale under the specified circulars rather than allowing the bank’s claim to bar the sale.
05Holding
The appeal was disposed of by permitting the appellant to sell sugar in accordance with the circulars dated 31.08.2026, 15.09.2026 and 30.09.2026.
p. 10The bank was granted liberty to initiate proceedings against the appellant in accordance with law.
p. 11The Court confined its order to the particular facts of the 2025–26 sugar year and left other contentions open.
p. 11Original Court PDF
M/S SHRI HIRANYAKESHIvsTHE UNION OF INDIA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
