K Sen, Dr. Y.S. Chitale, K P. Kumar, R. Vasudevan, C. Murthy, Ajay Mehta and T. Subba Rao for the petitioners in W. P. Nos.
4238 4239/78.
S. Nariman, K. P. Kumar, R. Vasudevan, C. N. Murthy, Ajay Mehta and T. Subba Rao for the petitioner in WP 8/79.
Nettar, for RR.
K J. Chandran, J. B. Dadachanji, K. J. John and Sri Narain for RR 4 in WP No.
4238 4239/78.
J. Francis for RR 3 in WP No.
Serajuddins companytracts with S.T.C. were number sales in the companyrse of export.
Serajuddin with State Trading Corporation were so inextricably companynected with the final sales two companyresponding companytracts for sale of the identical goods entered into by S.T.C. with foreign buyers that the former were to stand cancelled if the latter for any reason fell through and vice versa and further the penultimate sales were effected to implement the companytracts with the foreign buyers and even then following the ratio of Coffee Boards case supra this Court held that the penultimate sales Mohd.
Dr. Y.S. Chitale, K. P. Kumar, R. Vasudevan, C.N. Murthy, Ajay Mehta and T. Subba Rao for the petitioner in WP No.
Nettar for RR in WP No.
Serajuddin and S. T. C. were number sales in the companyrse of export.
1458/79.
T. Desai and A.V. Rangam for RR 3 in WP 4238 39/78.
K J. Chandran, J.B. Dadachanji, J. John and Sri Narain for the Respondent in WP No.
1458/79.
T. Desai and A. V. Rangam for the RR 2 in WP 8/79.
It was at this stage i. e. when s. 5 1 was interpreted by this Court in the aforesaid manner that the Parliament felt the necessity of enacting s. 5 3 for the purpose of giving relief in respect of penultimate sales that immediately precede the final export sales provided the former satisfy the companyditions specified therein.
M. Sinha, Att.
A. Francis, V. J. Francis for RR 4 in WPs 4238 39/78.
1 in WP No.
The latter case Mohd.
J. Chandran, J. B. Dadachanji K. J. John, Sri Narain for the RR in WP No.
Serajuddin and the S. T. C. and the companytracts between the S. T. C. and the foreign buyer formed integrated activities in the companyrse of export, this Court took the view that the crucial words in s. 5 1 showed that only if a sale occasioned the export, it would be in the companyrse of export and that the two sets of companytracts were separate and independent and Mohd.
1458/79.
Negativing the companytention that the companytracts between Mohd.
Sections 4 to 10 of the Act deal with the setting up of the companyfee Board on which all interests are represented and some Members of Parliament and Government officers are numberinated.
J. Francis for the RR in WP No.
K Venugopal.
ORIGINAL JURISDICTION Writ Petition Nos.
Serajuddins companytracts with S. C. had been entered into for the purpose of implementing such foreign buyers companytracts, this Court held that the sales between Mohd.
3130/78, 4238 4239/78, 8/79 and 1458/79.
1458/79.
3130/78.
Serajuddin was under numbercontractual obligation to the foreign buyer either directly or indirectly and that his rights and obligations were only against the S.T.C. It will thus appear clear that even when the S. T. C. had with it foreign buyers companytracts and Mohd.
1 in WP Nos.
G. Nair, K. J. Chandran, J. B. Dadachanji, K J. John and Sri Narain for RR.
The Coffee Board, Bangalore is a statutory companyporation incorporated under s. 5 of the Coffee Act, 1942, an enactment passed to provide for the development of the Coffee Industry under the companytrol of the Union.
and N. Nettar for RR.
The Board exercises powers and discharges functions assigned to it under the Act and the Coffee Rules framed thereunder.
3130/78.
The Judgment of the Court was delivered by TULZAPURKAR, J. These writ petitions filed by Registered Exporters of companyfee under Art.
Serajuddins case supra was stronger than Coffee Boards case supra inasmuch as the penultimate sales two companytracts for sale of mineral ore entered into by Mohd.
The facts giving rise to the writ petitions being companymon and almost identical may be stated.
The Act companypels the registration of all owners of companyfee estates and licensing of curers and dealers and it also imposes companytrol on the sale, export and re import of companyfee into India.
