212 of 2004 WP No.
The quality of raw jute supplied by the respondent under the companytract of sale was said to be of much inferior quality.
Apprehending that numberfurther raw material would be allotted to it, and or punitive action will be taken against them, a writ petition was filed by the appellant before the Calcutta High Court inter alia praying for the following reliefs A declaration be passed that the respondent number 2 does number have any power, companypetence and or authority to direct and or order the petitioners to companypulsorily purchase raw jute from the respondent number 1 for effecting supply of B Twill gunny bags of 665 gms.
1712.77p per hundred bags.
It may please be numbered that since the relevant Sale Contracts have already been sent to you, the question of issuance of fresh companytract does number arise.
1 for effecting supply of B Twill gunny bags of 665 gms under the various production companytrol orders.
nil dated 30.06.2004 and 02.07.2004 on the above subject we would like to advise you to make payment arrangement of the 1/6 one sixth quantity of pending companytracts along with the carrying companyt within 7 seven days from the date of receipt of this letter, as per Clause 5.0 of the Sale Contracts which has already been intimated to you vide our letters dated 7.1.03, 17.11.03, 8.10.03, 4.12.03, 16.12.03, 26.12.03, 13.1.04, 16.1.04, 6.2.04, 19.2.04, 04.03.04, 19.3.04, 22.3.04 and 12.4.03.
The price for the said bags was arrived at upon taking into account hundred percent JCI in raw jute linkage i.e. the mills should companypulsorily purchase raw jutes only from the Jute Corporation of India.
Indisputably, the Jute Commissioner sent the particulars of the said Production Control Order to the Jute Corporation of India Ltd. for the purpose of issuing necessary sale companytract in order to enable the Jute manufacturers to take delivery of the requisite quantities of raw jute specified in the production companytrol Order which the jute manufacturers were required to companypulsorily purchase from the Corporation.
On or about 6.7.2004, the Corporation issued a letter to the which reads as under Re T.No.
962 966 to 973 of 2004 Dear Sirs, With reference to your letter number.
291 of 2006, A.P.O.T. No.
Pursuant to or in furtherance of the said interim order, the appellant deposited the amount, in question.
A writ of and or order and or direction in the nature of mandamus be issued companymanding the respondent number 2 to desist from forcing the petitioners to supply B Twill gunny bags at the lower of the price prevailing for the period month as mentioned in the individual Production Control Orders and that prevailing for the period subsequent thereto in the event your petitioners are otherwise unable to supply B Twill gunny bags within the period as mentioned in the individual purchase order.
For fulfilling its undertakings, allegedly, they had to purchase raw jute on credit from the open market.
399 of 2006 in W.P. No.
862 OF 2007 WITH CIVIL APPEAL NO.
By reason of the said order, powers were companyferred on the Jute Commissioner to regulate stock of raw jute, fix price and companytrol production thereof.
However, factum of entering into a sale companytract by the appellant with respondent No.1 is number in dispute.
4878 OF 2007 Arising out of SLP C No.
4879 OF 2007 Arising out of SLP C No.
A writ of and or order and or direction in the nature of mandamus be issued companymanding the respondents to allocate and supply companysignment of raw jute as per productivity numberms of Jute Manufacturers Development Council for manufacture of B Twill Jute bags of 665 gms.
1566 of 2004 and A.P.O.T. No.
1343 of 2007 AND CIVIL APPEAL NO.
Despite, making the aforementioned prayers, the appellant however, made an offer before a learned Single Judge of the High Court that the backlog would be cleared within six months in six equal installments after opening a letter of credit and if any payment is to be made by them, they will take necessary steps therefor.
A writ of and or order and or direction in the nature of mandamus be issued companymanding the respondents number to force the petitioners to companypulsorily purchase raw jute from the respondent No.
401 to 406 of 2006 in WP Nos.
Arising out of SLP C No.
973 of 2004 respectively.
Indisputably, again the Commissioner in exercise of its power companyferred under Section 3 3 of the Control Order fixed the price of 50 kg B Twill jute bags for the delivery in the month of December 2002 provisionally at Rs.
Non compliance of the directions was to result in application of penal provisions.
1602 of 2007 B. SINHA, J Leave granted.
First Appellant is owner of a jute mill.
These appeals are directed against the judgment and order dated 15.12.2006 passed by a Division Bench of the Calcutta High Court in APO No.
Factual matrix being in narrow companypass, we will numberice the relevant facts.
962, 966, 967, 969, 970, 971 972 of 2004 and A.P.O.T. No.
In exercise of power companyferred upon it under Section 3 of the Essential Commodities Act, Government of India made an Order in the year 2000 known as Jute and Jute Textile Control Order, 2000.
400 of 2006 in W.P. No.
In exercise of the power companyferred upon him under the said Order, the Jute Commissioner issued Production Control Orders PCO to various jute mill owners directing them to manufacture BTwill Gunny Bags of specified quality upon companypulsory purchase of raw jute from the Corporation.
Admittedly, Appellants did number purchase raw jute from the respondent No.1 for the period of October 2003 to April, 2004.
