HINDUSTAN TIN WORKS PVT. LTD Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) Rule D.B.

(2.) This petition along with CM. 1765 of 1986 came up for preliminary hearing before us on 26th September, 1986 at show cause stage. But, after hearing the learned Counsel for the parties at length, we have with the consent of the Counsel for the parties decided to finally dispose it of.

(3.) In this petition the petitioners are challenging the supply of raw material i.e. split palm stearin fatty acid and crude palm stearin to the petitioners by the STC, respondent No. 6, for the quarters July -September, 1984, October - December, 1984 and for all the four quarters of the year 1985 at the present prevailing market price and not at the price which was fixed for that raw material during the quarters when it was supplied to every other actual user. The case of the petitioner is that the foresaid raw material was illegally and arbitrarily withheld by the respondents at the relevant time and when the supply of raw material was eventually made by STC, respondent No. 6 (pursuant to the orders of this Court) they demanded from the petitioners prices which were prevailing on the date of actual supply. The petitioners have, therefore, submitted that their quota of aforesaid raw-material for the quarters July - September 1984 and October - December 1984 as also for the four quarters of the year 1985 be supplied to them at the price which was fixed for that quarter on the basis of which raw materials were supplied to other actual users and not at the higher prices, as demanded by respondent No. 6, STC. The petitioners have further made a grievance that when after a great deal of pursuation the respondents were ready to supply the raw-material to the petitioners, they began to demand illegally the carrying and other charges from the petitioners.