- (1.) The petitioners are manufacturers of pig iron and require LAM coke as a raw material for such manufacturing process. Respondent no. 2 is a government company, which carries on manufacturing LAM Coke and periodically place its excess stock, after captive consumption, for sale in the open market.
(2.) On 23rd December, 2009 respondent no. 3, the General Manager of respondent no. 2 company issued a price circular relating to sell of LAM coke in the domestic market subject to the following conditions : "The price of LAM Coke for sale in the domestic market has been fixed as under : - upto 1000 MT - Rs. 16400 PMT ex-plant - upto 1001 MT 2500 MT - Rs. 16300 PMT ex-plant - upto 2500 MT 5000 MT - Rs. 15900 PMT ex-plant - upto 10000 MT & above - Rs. 15500 PMT ex-plant The above prices are on ex-plant basis and is exclusive of Excise Duty, Sales Tax, freight and other statutory duties. Payment has to be made within 3 workings days. Delay in depositing the payment by the prospective buyer will attract a penalty @ Rs. 50 per MT per day. Delivery will be made against 100 % advance payment. The above prices are valid upto 04.01.2010."
(3.) In response to such circular, the petitioner company by a letter dated 24th December, 2009 expressed its desire to purchase 30000 MT of LAM coke and sought confirmation of the same.;