LAWS(CAL)-1993-6-11

COLLECTOR OF CUSTOMS Vs. LEXUS EXPORTS PRIVATE LTD

Decided On June 28, 1993
COLLECTOR OF CUSTOMS Appellant
V/S
LEXUS EXPORTS PRIVATE LTD. Respondents

JUDGEMENT

(1.) The respondent-writ petitioner, Lexus Export Private Ltd. (in short "Lexus Export") entered into a contract with Messrs. Omega Enterprises, U.S.A. through Messrs. Hind International and Investment Ltd., their sole procurement agent for China, South Korea, Taiwan and India for supply of 1,20,000 pieces of stainless steel rods, also known as stainless steel earth rod.

(2.) While the supply under the aforesaid contract was pending, the respondent-writ petitioner entered into another contract with Messrs. Omega Enterprises, U.S.A. through Messrs. Hind International and Investment Ltd. for supply of 48,000 pieces of non-stainless steel rods, also known as non-stainless steel stay rods.

(3.) There is no dispute about the existence of both the contracts and about the obligation of the respondent-writ petitioner to supply stainless steel rods as well as non-stainless steel rods to Messrs. Omega Enterprises, U.S.A.