WIPRO LIMITED Vs. S M TRIPATHI

JUDGEMENT

(1.) THE petitioner is a company registered under the Indian Companies Act, 1956, and it is engaged in manufacture of Vanaspati, Soaps, etc. The factory of the petitioner is situated at Amalner (District : Jalgaon ).

(2.) THE petitioner has contended that the Vanaspati means the vegetable oil subjected to the process of hydrogenation in any form. Vanaspati is manufacture out of several raw oils, such as, Soya bean Oil, Palm Oil, Rapeseed Oil, Cotton Seed Oil, etc. Vanaspati being an edible product, it is deemed to be essential commodity within the meaning of section 2 (a) (v) of the Essential Commodities Act, 1955 and, therefore its production, supply and distribution is being controlled under the said Act. The Central Government prescribed limits of usage of imported oil in the manufacture of Vanaspati. Originally the imported oil was used at a minimum of 10 per cent. However, said percentage was increased from time to time. The respondent No. 2 State Trading Corporation of India Ltd. (For short, hereinafter referred to as "s. T. C. ") is the agency to channelize the import of vegetable oils for the purpose of manufacture of Vanaspati and all manufacturers of Vanaspati are required to purchase their requirements of imported vegetable oil only from the respondent No. 2.

(3.) THE respondent No. 2 was importing oil at port towns, namely, Bombay, Kandla, Calcutta, Madras and Vishakhapatnam. Besides that, there were eight depots in northern India and the manufacturers were required to take supply of imported oils from the port towns or from the depots, as the case may be. The respondent No. 1 had fixed the issue price of imported oils and that was being revised from time to time. So, all manufacturers were getting the imported vegetable oil at the same price fixed by the respondent No. 1.