S.B.Sinha, J. - (1.) This appeal is directed against a judgment and order dated 9th August, 1996 passed by a learned single Judge of this Court whereby where under the writ petition filed by the 1st respondent herein was allowed.
(2.) In the aforementioned writ application, the writ petitioner inter alia prayed for the following reliefs :-- "(a) Issue a writ of and/or in the nature of Mandamus commanding the respondents or their servants and/or agents and/or assigns to forth with act in accordance with law and desist from making any demand on your petitioner for refund the sum Rs. 10,37,96,604/- and subsequent Adjustment Rs. 2,66,60,468/- or any other sum paid to your petitioner under IPRS or to adjust the same against further dues of your petitioner under IPRS. (b) A writ of and/or in the nature of Certiorari be issued commanding the respondents to certify and transmit to this Hon"ble Court all the records culminating in the said letter of repudiation dated 20-1-92 (and the letter dated 19-5-1994, and adjustment note date 29th November, 1994) so that the same may be quashed and conscionable justice be done."
(3.) The fact of the matter, shortly stated is as follows :-- The writ petitioner and one Indian Tube Company Ltd. were separate companies. The writ petitioner 1st respondent herein, took over the said company. Whereas the writ petitioner at all material times was and still is the producer of Steel, the Indian Tube Company produces Engineering goods. Admittedly the domestic price for Iron & Steel used to be fixed by Joint Plant Committee (JPC) of which the writ petitioner was also a member. International price of Steel, however, was less than the domestic price.;