RAMESH ENTERPRISES Vs. COFFEE BOARD

JUDGEMENT

(1.) As common questions of law arise for derermination in these cases, I propose to dispose of them by a common order, however referring to the documents produced in Writ Petition No 6893 of 1907 as if they are produced in all other cases also.

(2.) Among others, the petitioners are engaged in the business of exporting coffee from India to various foreign countries. For carrying on their export business in coffee, the petitioners have got themel es registered as 'registered exporters' and have obtained permits from the 'Coffee Board'-respondent (hereinafter referred to as the Board) constituted and functioning under the Coffee Act (Central Act VII of 1942) and the Rules made there under (hereinafter referred to as the Act and the Rules).

(3.) The Board sells coffee in export auctions held for that purpose at Bangalore from time to time in which registered exporters purchase coffee and export to their foreign buyers. On the fateful day of 18.5 1977 there was one such export coffee auction sale held by the Board on the terms and conditions of sale of coffee in the course of export' (Exhibit A) to be hereinafter referred to as the Notification. In the auction sale held on 18.5.1977, the petitioners and two other registered exporters called 'Brooke Bond India Limited, Bangalore' and 'Chande Exports (P) Limited, Bangalore' offered their highest bids to purchase the quantities of coffee detailed hereunder <FRM>JUDGEMENT_31_KANTLJ2_1985Html1.htm</FRM> On the acceptance of these bids by the sale conducting Officer of the Board, each of the petitioners and the other two buyer and the Board have entered into written contracts in a standard from stipulated by the Board, paid the sale price thereto, received the goods purchased by them and have then exported the same.