B.N. Banerjee, J. - (1.) This Rule is directed against two orders made against the petitioner company, under the Iron and Steel (Control) Order, 1956, hereinafter referred to as the "Control Order". The first order was made under Clause 11 of the Control Order, by which the petitioner company was directed not to remove or permit the removal of a specified tonnage of M. S. Plates, whether sold or unsold, from its stock yard or from any other part of its premises to any place outside thereof, without the written permission of the Iron and Steel Controller. The second order was made under Clause 12 (2) (b) of the Control Order, by which the petitioner company was directed to furnish a category-wise statement of iron and steel lying in its stock yard as on the date of the order. Both the orders are dated June 13, 1959. The petitioner company prays for a writ of Certiorari for the quashing of the orders and for a writ of Mandamus restraining the respondents from 'giving effect thereto.
(2.) The circumstances under which the aforesaid two orders came to be made are hereinafter recounted. Pursuant to a tender, dated September 27, 1958, for import of 217.320 tons of steel from foreign countries for the specified purpose of delivering the same to the Port Commissioners, issued by the Ministry of Steel, Mines and Fuel (Department of Steel), Government of India, the petitioner company made an offer which was accepted by the Ministry aforementioned, on December 10, 1958. The terms and conditions of the acceptance of the offer are hereinbelow quoted: "Thomas Steel or steel produced by Basic Bessemer Process will not be acceptable. The materials must be strictly manufactured by the process as stipulated in the specification as mentioned against each size in the schedule attached. Cast number must be stamped on eacb piece. The materials shall be free from surface defects of any kind, free from cracks and conform to the section specified and finished in a workmanlike manner. Inspection Test Certificate must accompany each consignment. Materials found to be defective or not in conformity with the specifications both in respect of size or quality will have to be replaced by you free of cost to the buyer. The materials are to be imported from Continent/U.K/Japan. The C. I. F. Calcutta prices per long ton as shown in the attached schedule are inclusive of all extras for quality, size, packing etc. and of your remuneration and are based on current conference liner ocean freight of Sh. 112/- less 9.1/2% per long ton. Any variation in the above rate on date of shipment will be on buyers account. Shipment of the entire tonnage as promised by you must be completed by 6 weeks i.e. 25th January, 1959. In the case of failure to ship the materials in full within the aforesaid date and unless the Iron and Steel Controller is satisfied that the failure was due to reasons beyond the control of the importers, the Govt. of India will be entitled to take action in accordance with Clause (14) of the General Conditions of contract as per appendix "B" of the above tender. The payment of C. I. F. value will be made out of the loan sanctioned by the World Bank for the Calcutta Port and will be made direct to the suppliers by the World Bank in the currency of the country of supply on production of the relevant documents".
(3.) Time for delivery, as fixed under the document quoted above, was extended from time to time.;