Ajit Kumar Sengupta, J. - (1.) In this application under Article 226 of the Constitution of India the petitioners have challenged the competence, jurisdiction and authority of the Respondents to suspend the supply of transformer oil base stock (hereinafter referred to as the TOFS) by the Indian Oil Corporation Limited. The case of the petitioners is stated hereinafter.
(2.) The Petitioner No. 1, Bharat Industrial Corporation is a registered partnership firm carrying on business of manufacture of transformer oil. The petitioner No. 2 is a partner of the petitioner No. 1. On 9th November, 1981 the Indian Standard Institution granted the petitioner firm a licence for the use of standard mark being Licence No. CM/L 1007524 under the Indian Standard Institution (Certification Mark) Act, 1952 in respect of new insultating oil for transformers and switchgear. The petitioner firm is also registered as a small scale unit under the Nation Small Indistries Corporation Limited eligible for participation on the Central Government Store Purchase Programme as per the revised single point registration scheme for transformer oil having specifications ISI. 335-1973. The petitioner firm is also registered as a small scale industrial unit with the Directorate of Industries, Government of Assam for manufacturing and/or processing the refined wax (paraffin was from slack wax), petroleum gelly and transformer oil.
(3.) For the purpose of obtaining the supply of TOFS the petitioners by a letter dated 17th May, 1978 requested Indian Oil Corporation Ltd the Respondent No. 1 (hereinafter referred to as IOC) to intimate the terras and conditions for supply of 100 M. T. of TOFS per month for manufacture of transformer oil.;