SATELLITE ENGINEERING LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal assails the judgment and order of Pendse, J. dismissing the writ petition filed by the appellants.

(2.) The appellants manufacture fluorescent starter switches. Prior to 1961 a company called Permanand Maneklal & Company was in technical collaboration with M/s. Kupfer Ltd., U.K. (hereinafter referred to as "Kupfer"). On 16th April, 1962 an agreement was entered into where under the business of Permanand Maneklal & Co. was transferred to the appellants. Later Permanand Maneklal & Co. went into voluntary liquidation.

(3.) On 17th January, 1972 the appellants placed an order with Kupfer for 30 tonnes of lead glass tubing of a certain specification for fluorescent starter switches at the price of pounds 0.075 per pound C.I.F. Bombay (Lead glass tubing of that specification is now referred to as "the said tubing"). The offer was accepted by Kupfer by its letter dated 22nd March, 1972. (The rate of pounds 0.075 per pound works out to pounds 0.15 per Kg.)