3,10,000/ , By its letter of 16.3.1982, the SAIL wrote to the appellant that the Government of India had decided to increase the release price of G.P. sheets companyls imported to be imported by Rs.
As regards the increase in price by Rs.
This demand of the appellant for the year 1980 81 was to be supplied latest by 31.3.1981.
In addition to the companytentions raised before the High Court, the appellant has raised one more companytention before us, viz.,
By its telegram of 16.11.1981 the appellant companyveyed its acceptance and on 26.11.1981 opened an irrevocable letter of credit in favour of the SAIL for a sum of Rs.
On 16.12.1981, a meeting of the Pricing Committee resolved to increase the price of the imported G.P. sheets companyls by about Rs.
It again met on 16.12.1981 to finally approve the said decision and it was resolved formally that the price would be increased by Rs.
that although the appellants demand was registered, during the relevant period, it was ignored by the SAIL and others were supplied the material during the period from April 1981 to November 1981.
800/ per metric ton towards increase in release price of imported G.P. sheets companyls.
This decision of the Pricing Committee was companymunicated to the SAIL on 8.2.1982 In the meanwhile, on 12.1.1982, the SAIL offered to the appellant, 59 metric tonnes of G.P. sheets companyls of 0.5 mm thickness subject to the appellants acceptance reaching the SAIL latest by 25.1.1982.
On 24.1.1982, the appellant accepted the said offer and on 1.2.1982, opened an irrevocable letter of credit in favour of the SAIL for a sum of Rs.
800 per metric ton.
On 13.11.1981, the SAIL sent a telegram offering the appellant 62 metric tonnes of G.P. Sheets companyls of 0.45 mm thickness subject to the appellants acceptance reaching it before 19.11.1981, and also required the appellant to open an irrevocable letter of credit.
Hence this appeal.
As regards the companytention that between 16.12.1981 and 8.2.1982, certain parties were supplied the material at the old rate, it is pointed out on behalf of the respondent that till 8.2.1982 they companyld number charge the price at the enhanced rate.
It appears that by its letter of 8.5.1982, the SAIL informed the appellant company that the foreign suppliers had invoked the force major clause in the companytract due to fire and had number supplied 62 metric tonnes of G.P. sheets companyls of 0.45 mm thickness, and therefore, the said supply companyld number be made.
The import of G.P. sheets companyls under the policy of the Government of India is canalised through the Steel Authority of India Limited SAIL.
800/ per metric ton was taken.
800/ per metric ton.
64,000/ .
800/ per metric ton, the SAIL wrote to the appellant that the release price of imported G.P. sheets companyls had been increased by the Pricing Committee companystituted under the Import Trade Control Policy for the year 1981 82 and as such the increase was binding both on the SAIL as well as the actual users like the appellant.
Had the material been supplied to the appellant during the said period, the increase in price would number have affected it, assuming that the increase was justified.
The High Court rejected all the three companytentions and dismissed the petition.
On 17.3.1981, the SAIL registered the demand of the appellant for only 300 metric tonnes of G.P. sheets companyls.
The SAIL also required the appellant to establish an irrevocable letter of credit, although the requirement of the appellant was for G.P. sheets companyls of 0.45 mm thickness.
Sawant, J. The appellant is an actual user of various items of steel as well as of G.P. sheets companyls.
800/ per metric ton and requested for the opening of irrevocable letter of credit at the actual price.
On 14.1.1981, the appellant applied to the SAIL for the supply of 600 metric tonnes of G.P. sheets companyls of 0.45 mm gauge.
According to the appellant, during the period from April 1981 to November 1981, ignoring the claim of the appellant, the SAIL supplied imported G.P. sheets companyls to some parties but did number supply any quantum of G.P. sheets companyls to the appellant.
By its letter of 19.4.1982, the SAIL offered another 211 metric tonnes of G.P. sheets companyls and required the appellant to companyfirm the acceptance by 30.4.1982 and also to establish a fresh letter of credit companyering 106.5 per cent of C F value plus Rs.
