TEA BUYERS ASSOCIATION, INDIAN CHAMBER, Vs. TEA BOARD, REP. BY ITS CHAIRMAN AND THE TEA TRADE ASSOCIATION OF COCHIN

JUDGEMENT

(1.) FIRST petitioner is an Association of licensed tea buyers, registered under Section 25 of the Companies Act. Other petitioners are members of the 1st petitioner Association. They approached this Court aggrieved by the direction issued by the 1st respondent, Tea Board to the 2nd respondent, the Tea Trade Association of Kochi, to start electronic auction of processed tea from 19.5.2009 onwards. The main contention taken up in this regard was that the software developed by the Tea Board, for regulating the E -auction is riddled with many inadequacies. These aspects have not been addressed in spite of complaints raised. Ultimately the tea buyers were not in a position to properly participate in the auction of different varieties of tea, which was hitherto being done with what is popularly known as outcry method.

(2.) THOUGH it was noticed that the direction issued by the Tea Board to resort to the E -auction instead of the outcry method is within the jurisdiction of the Tea Board as such, considering the fact that almost all the players in the field in one manner or other are involved in the process of E -Auction and a revised method was being brought into vogue after a period of 55 years, this Court appointed Sri. George Thomas Mevada and Sri.S.Ramesh Babu as Advocate Commissioners, to inspect and submit a report on the aspect which have been highlighted in the order dated 1.6.2009.

(3.) PARTIES were given liberty to file their comments to the report submitted by the Advocate Commissioners. The Tea Board has filed a counter affidavit taking note of the report of the Advocate Commissioners also. Comments have been submitted by the learned Counsel for the petitioner in relation to the report filed by the Commissioners.