COFFEE BOARD Vs. RAMESH EXPORTS PVT. LTD.
LAWS(SC)-2014-5-27
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
May 09,2014
COFFEE BOARD
Appellant
VERSUS
M/s. Ramesh Exports Pvt. Ltd.
Respondents
Referred Judgements :-
ICO REGULATIONS COURT IN LACHMI VS. BHULLI [REFERRED TO]GURBUX SINGH VS. BHOORALAL [REFERRED TO]
DEVA RAM VS. ISHWAR CHAND [REFERRED TO]
S NAZEER AHMED VS. STATE BANK OF MYSORE [REFERRED TO]
ALKA GUPTA VS. NARENDER KUMAR GUPTA [REFERRED TO]
Cited Judgements :-
K. MUTHUSAMY VS. ARUNA THEATRE & ENTERPRISES PVT LTD [LAWS(MAD)-2020-10-242] [REFERRED TO]HINDUSTAN PETROLEUM CORPORATION LTD VS. SPENCER AND COMPANY LTD [LAWS(MAD)-2017-7-308] [REFERRED TO]
RAJENDRASINH HARBHAMJI JADEJAS HEIRS VS. MANSUKHLAL PREMCHAND MEHTAS HEIRS [LAWS(GJH)-2014-10-22] [REFERRED TO]
P. SHYAMALA VS. RAVI [LAWS(MAD)-2015-3-405] [REFERRED TO]
DR. DILIP KR. GHOSH VS. FUNIDEA PROJECTS PVT. LTD [LAWS(CAL)-2021-3-2] [REFERRED TO]
BALAMURUGAN VS. MOHANASUNDARAVEL [LAWS(MAD)-2024-2-107] [REFERRED TO]
SURESH KUMAR KANKARIYA VS. K. JIGIBAI [LAWS(MAD)-2022-4-81] [REFERRED TO]
P.V. FRANCIS, S/O. VARGHESE, AGED 53, PANDICHERRY VEETTIL, CHETHIPUZHA VILLAGE, CHANGANACHERRY TALUK VS. P.V. VARGHESE, S/O. VARGHESE, AGED 62, PANDICHERRY HOUSE, VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY, REP. BY POWER OF ATTORNEY, P.V. THOMAS, AGED 65, PANDICHERRY HOUSE, VEROOR, MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY [LAWS(KER)-2016-12-129] [REFERRED TO]
KANTHARAJU AND ORS. VS. MUNIYAPPA AND ORS. [LAWS(KAR)-2015-6-94] [REFERRED TO]
S.RAMANAN VS. IDOL OF SRI PATTESWARA SWAMY [LAWS(MAD)-2020-5-62] [REFERRED TO]
M/S SPRING FRESH DRINKS PVT. LTD. VS. GANI SONS CHARITABLE TRUST [LAWS(BOM)-2016-6-52] [REFERRED TO]
RADHA BAI VS. JEET RAM KOSARIYA [LAWS(CHH)-2023-2-69] [REFERRED TO]
RAVINDER KUMAR KANSAL (DEAD) THROUGH LRS & ANOTHER VS. VINOD GOEL [LAWS(HPH)-2017-7-124] [REFERRED TO]
SARDAR SATPAL SINGH VS. SAROJ SHUKLA AND ORS. [LAWS(CHH)-2015-8-1] [REFERRED TO]
HUSAIN KHAN VS. JAYANAGAR CO-OPERATIVE HOUSING SOCIETY LIMITED [LAWS(KAR)-2018-4-99] [REFERRED TO]
KUZHANTHAIAPPA GOUNDER VS. NACHIMUTHU [LAWS(MAD)-2014-12-204] [REFERRED TO]
BABULAL VS. MOTILAL [LAWS(MPH)-2021-2-26] [REFERRED TO]
HIMAYAM ENGINEERS AND BUILDERS VS. S. RAVICHANDRAN [LAWS(MAD)-2014-8-137] [REFERRED TO]
HIMAYAM ENGINEERS AND BUILDERS VS. S. RAVICHANDRAN [LAWS(MAD)-2014-8-137] [REFERRED TO]
SMT. SUSHILA SURI VS. DR. SUSHEEL SURI [LAWS(ALL)-2017-4-113] [REFERRED TO]
SHEELA ASSAV THOMAS VS. SWARNALATA [LAWS(BOM)-2023-6-1100] [REFERRED TO]
NOORUL ISLAM COLLEGE OF ENGINEERING VS. GOPIKRISHNAN [LAWS(MAD)-2019-3-517] [REFERRED TO]
JORMAL AND ORS. VS. KISHAN LAL AND ORS. [LAWS(RAJ)-2015-2-338] [REFERRED TO]
T.P. NATARAJAN VS. P. SELVAKUMAR [LAWS(MAD)-2014-11-235] [REFERRED TO]
CONTAI CO-OPERATIVE BANK LTD. VS. UNION OF INDIA & ORS [LAWS(CAL)-2016-7-11] [REFERRED TO]
SUNITA SHARMA VS. DEEPAK SHARMA & OTHERS [LAWS(MPH)-2018-8-313] [REFERRED TO]
DECCAN CHRONICLE HOLDINGS LTD VS. YES BANK LTD [LAWS(MAD)-2015-12-276] [REFERRED TO]
PRAMOD KUMAR & ANR VS. ZALAK SINGH & ORS [LAWS(SC)-2019-5-65] [REFERRED TO]
KAVITHA VS. N. USHA [LAWS(MAD)-2014-8-31] [REFERRED TO]
ARUN VIJAY SATI VS. DINESH CHANDRA THAPLIYAL [LAWS(UTN)-2022-7-94] [REFERRED TO]
NUTAN TYAGI VS. NIRMALA DABAS [LAWS(DLH)-2016-7-99] [REFERRED TO]
DR. N. RAVINDRA SHETTY VS. PADMA SRINIVAS [LAWS(KAR)-2017-6-79] [REFERRED TO]
RAMULA SANNIDHI VS. JABARCHAND [LAWS(KAR)-2023-6-1331] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal is preferred against the judgment and order dated December 19, 2011 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No.1033 of 2005 partly allowing the appeal filed by the respondent herein and partly decreeing the Original Suit being O.S. No. 4763 of 1986 filed by the respondent being the original plaintiff. The said original suit was dismissed by a judgment and decree dated March 17, 2005.
(3.)Pre-liberalization, till 1996 all the coffee grown in India was pooled with the appellant-Board which is a statutory body under the Coffee Act, 1942. The appellant-Board (hereinafter referred to as "Board") marketed the pooled coffee and distributed the net realization to the growers in proportion the quantity pooled by them. The Board marketed the pooled coffee by means of auctions and separate auctions were held for export and domestic market. Only registered exporters are allowed to participate in the said auctions and the successful bidders amongst them enter into contracts with the Board for the purchase of the coffee. The Board is a member of the International Coffee Organization (hereinafter referred to as "ICO") which is the main intergovernmental organization controlling and regulating the global coffee export and import. Majority of the coffee growing and consuming countries are members of the ICO. The import and export of coffee is regulated by ICO by fixing quotas on the member countries in accordance with the quantum produced. As per the then International Coffee Agreement of 1983 the export quota system was supported by an obligatory system of controls. Each export by a Member was covered by a Certificate of Origin. Importing Members did not admit coffee from Members unless the Certificate was validated by coffee export stamps issued by the Organization. When quotas were in effect importing Members were required to limit their imports from non-members and exports to non-members were closely monitored.
(2.)This appeal is preferred against the judgment and order dated December 19, 2011 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No.1033 of 2005 partly allowing the appeal filed by the respondent herein and partly decreeing the Original Suit being O.S. No. 4763 of 1986 filed by the respondent being the original plaintiff. The said original suit was dismissed by a judgment and decree dated March 17, 2005.
(3.)Pre-liberalization, till 1996 all the coffee grown in India was pooled with the appellant-Board which is a statutory body under the Coffee Act, 1942. The appellant-Board (hereinafter referred to as "Board") marketed the pooled coffee and distributed the net realization to the growers in proportion the quantity pooled by them. The Board marketed the pooled coffee by means of auctions and separate auctions were held for export and domestic market. Only registered exporters are allowed to participate in the said auctions and the successful bidders amongst them enter into contracts with the Board for the purchase of the coffee. The Board is a member of the International Coffee Organization (hereinafter referred to as "ICO") which is the main intergovernmental organization controlling and regulating the global coffee export and import. Majority of the coffee growing and consuming countries are members of the ICO. The import and export of coffee is regulated by ICO by fixing quotas on the member countries in accordance with the quantum produced. As per the then International Coffee Agreement of 1983 the export quota system was supported by an obligatory system of controls. Each export by a Member was covered by a Certificate of Origin. Importing Members did not admit coffee from Members unless the Certificate was validated by coffee export stamps issued by the Organization. When quotas were in effect importing Members were required to limit their imports from non-members and exports to non-members were closely monitored.
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