MISRILALL MINES PVT LTD Vs. MMTC LTD

JUDGEMENT

(1.) THE petitioner No.1 claims to be a producer of Friable Chrome Ore and Chrome Concentrate having a mine containing natural reserve in the State of Orissa. Respondent No.6/Union of India constituted, designated and nominated respondent No.1/MMTC as the sole canalizing agency under the Export & Import Policy framed from time to time under the Foreign Trade (Development & Regulation) Act, 1992 (hereinafter referred to as the ,,said Act).

(2.) THE dispute originally arose on account of a meeting of Chrome Ore Producers held on 10.7.2012 wherein representatives of petitioner No.1 were present. The minutes recorded of the said meeting show that when respondent No.1 introduced e-auction method for sale of chrome ore and chrome ore concentrates to seven enlisted empanelled buyers, the same was challenged by the petitioners by filing a writ petition before the High Court of Calcutta. The said writ petition is stated to be still pending though no interim orders were granted in those proceedings. Petitioner No.1 is stated to have sent communication to respondent No.1 suggesting that a global tender with certain conditions would be the appropriate methodology rather than having an empanelled list of buyers who would be entitled to purchase through the process of e- auction. The views expressed by the representatives of other sellers are also noticed in the said minutes.

(3.) THE respondent No.1 sought to introduce global e-tender system for export vide communication dated 20.7.2012. The said letter reads as under: