BHARAT BARREL & DRUM MANUFACTURING COMPANY PRIVATE LTD. Vs. THE DEPUTY IRON & STEEL CONTROLLER & ORS.

JUDGEMENT

(1.) This appeal is against the judgment and order of Pradyot Kumar Banerjee, J. dated Aug. 16, 1971 whereby the Rule obtained by the petitioner was discharged. The facts in brief are as follows:-

(2.) At the material time CRCA Steel sheet (Cold Rolled close Annealed Steel Sheet) was an essential commodity under the Essential Commodities Act, 1955 and the supply and distribution of the said sheet was regulated under the provisions of Iron & Steel (Control) Order, 1956. On or about March 29, 1965 the petitioner was granted an Import Licence by the Deputy Iron and Steel Controller. The Iron and Steel Controller, Calcutta for import of 449.876 Metric tonnes of CRCA steel sheets against export of various scrap made by it under the Barter system. The sheets were meant for the use of opposite party No. 8 M/s. R.K. Saraf. The sheet was duly imported in terms of the said licence and after arrival, the Iron and Steel Controller under clause 10 of the said Control Order required the petitioner to sell 210 Metric tonnes of the sheets to the said respondent No. 8 and in pursuance thereof the petitioner delivered the said quantum of sheets to the said respondent. In regard to the balance of 239.876 Metric tonnes of the said sheets no allotment was made made in favour of the said respondent No. 8 as it was stated it had no outstanding. Thereafter the Deputy Iron & Steel Controller wrote a letter to the Director of Industries of the Government of Maharashtra on 17.3.66 informing him of the Controller's decision to hand-over the said stock for his operation. The Director was thereby requested that the said quantity of CRCA sheets was to be allotted to deserving parties registered with him under intimation to the Controller's office. This letter was followed by another letter of March 26, 1966 whereby the Industries Commissioner of the said Government of Maharashtra informed the Secretary of the Maharashtra Small Scale Industries Development Corporation Limited to take delivery of 239 and odd tonnes of the said sheets in consultation with the petitioner, a copy of the letter was sent to the Iron & Steel Controller informing him that the State had appointed the above Corporation as a distributing Agency and the entire stock was being taken by the Corporation for distribution under this Directorate. The petitioner was further informed by the said letter to deliver or sell the said stock at full costs plus importer's remuneration to the nominees of the said Development Corporation. Thereafter the petitioner sent a proforma of cost in respect of the said stock charging to his remuneration permissible under the Control Order, interest from the date of the receipt of the materials in godown which was 29th Aug. 1965 till April 30, 1966 as also godown charges for the said period. This was as it appears objected to by the Controller of Iron and Steel and the correspondence in connection thereof was in progress and the goods were not delivered. A public notice was issued by the Deputy Iron and Steel Controller thereafter which is to the following effect:- "Government of India Ministry of Iron & Steel Control (Department of Iron & Steel) 22, Netaji Subhas Road, Calcutta-1.

(3.) Importers will have to submit a statement to this office within 7 days from the date of such sales in the proforma prescribed below licence wise- <FRM>JUDGEMENT_37_LAWS(CAL)1_1977_1.html</FRM> Sd/- (C. B. Mathur) Deputy Iron & Steel Controller