GUJARAT METAL ROLLING MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution takes exception to the demand contained in exhibits Bandc to the petition compilation.

(2.) THE 2nd respondent, hereinafter referred to as 'mmtc', is a Government of India undertaking and has been designated as a canalising agency for carrying out a policy outlined in the Import and Export Policy for the year 1982-83 under the Imports and Exports (Control) Act, 1947. Import of one of the items which had to be canalised though the 2nd respondent was Aluminium ingots. Petitioner No. 1 required the said Ingots as an Actual User for the manufacture of utensils. It applied for and obtained an allotment as set out in the delivery note at Exh. A. The quantity allocable to the 1st petitioner was 56. 385 metric tonne for a price of Rs. 18,679/- per metric tonne. A clause appearing in the sale note reads thus :-

(3.) PETITIONER contends that the MMTC acted arbitrarily in trying to get the benefit of the increase in the price of aluminium ingot. The contract between it and the MMTC was concluded on 1st march 1984 when the delivery note was drawn up. The payments were already made as required and it was not open to the MMTC to take advantage of the subsequent revision in the price. The object of the petition is to get Exhibits 'b' and 'c' quashed. Petitioner had obtained interim relief in terms of prayer (e) (ii) which is to the effect that it be allowed to clear the balance of the ingots without payment of the enhanced price.