M/S. SUPER PACKAGING INDUSTRIES Vs. THE NATIONAL FERTILIZERS LIMITED AND OTHERS
LAWS(P&H)-2011-7-151
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 05,2011

M/S. Super Packaging Industries Appellant
VERSUS
The National Fertilizers Limited And Others Respondents

JUDGEMENT

- (1.) The writ petition is for issuance of a writ of certiorari to quash the order dated 09.11.2000 (Annexure P-14) passed by the Chief Manager (Projects) on behalf of the National Fertilizers Limited, (a Government of India undertaking), arrayed as the 1st respondent in the petition. The National Fertilizers Limited (NFL) is also sought to be represented through the Chairman-cum-Managing Director. Through the impugned order, the petitioner, who had been granted ''ancillary status'' was withdrawn.
(2.) The relationship between the parties have commenced with the Committee called as the Plant Level Committee (PLC) identifying the petitioner as an ancillary unit for manufacture of HDPE bags. After initially eliciting the industrial ability to produce quality bags through a communication made on 16.11.1999, the respondents 1 and 2 had informed the petitioner about the grant of ancillary status as laid down procedure of NFL. The letter dated 16.11.1999 records the fact that the petitioner had completed all the formalities as per NFL laid down procedure and the Plant had been commissioned and sample approved for a trial order of 75,000 bags. It also states that 'the performance of the supplied bags against the order had been satisfactory' and that the ancillary status had been given for supply of 1 lakh bags per month.
(3.) Subsequently on 06.01.2000, the new requirement was pressed against the petitioner for manufacturing and supplying laminated HDPE bags. The petitioner through the director expressed its inability pointing out to the fact that a lamination plant was not viable for the resources of the petitioner. It is brought through the record that there had been a meeting on 20.01.2000 between the representatives of the petitioner and the respondents 1 and 2. The minutes of the meeting signed by the representatives showed that the petitioner had identified M/s HRK Laminators as an industrial unit which is capable of supplying the requirements of all the ancillary units and which had sufficient lamination capacity. It appears that a team had been constituted to examine whether M/s HRK Laminators could be associated for the work of entrustment of lamination and the report recommended the ancillary status to M/s HRK Laminators, Panipat, for supply of laminated bags so long as they maintained the desired quality as per the NFL specifications.;


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