2010 (3) TMI 373

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....t Petition be transferred to Hon'ble Supreme Court. Same prayer is again reiterated today. This prayer is strongly opposed on the ground including challenging bona fides and real need of such postponement. Petitioner has then stressed on the financial repercussions which cannot be compensated. As to whether hearing should be stayed? 3. The question as to whether hearing of Writ Petition be postponed needs to be decided first, as if a Preliminary Objection. 4. On the point of need of postponement and intended application for transfer to Hon'ble Supreme Court, learned Asstt. Solicitor General Mr. Mishra has pointed out as follows :- (a)        Two Writ Petitions have been referred by writ petitioner in ....

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....n on facts demonstrated by learned Sr. Advocate for the petitioner Mr. Dharmadhikari. 7. In the result, it is seen that there is no ground made out by the Respondents to stay the proceedings of present writ petition awaiting an intended application for transfer. This Court does not see any reason or impediment, whatsoever, in hearing and disposing of this petition. 8. Moreover, a long rope of about eleven weeks was given to these respondents to apply to Hon'ble Supreme Court for filing application for transfer, which they have so far failed to do. 9. Therefore, this Court rejects oral prayer for stay of hearing, and proceeds to hear the Writ Petition furtherance to notice of final disposal. In the premises of nature of challenge, presen....

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....eals that 25000 metric tons of rice [Non-Basmati] is to be exported to South Africa through respondent No. 2- P.E.C. Ltd. (d)        The tripartite agreement has been entered between P.E.C. Ltd., petitioner and the importer of South Africa on 10th July, 2009. (e)        Chief Finance Manager of respondent No. 2 issued a letter of authorization addressing it to Asstt. Commissioner of Customs, Nagpur, announcing and communicating authorization in favour of petitioner to export 25000 metric tons of parboiled Non-Basmati rice against Directorate General of Foreign Trade Notification dated 18th June, 2009 [Annex. A], and requested for allowing the export. (f)  &n....

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.... should procure the rice only through Public Sector Undertakings and there will not be any associate exporter [any middleman] and procurement may also be done by tendering process etc. 17. The guidelines do not provide as to the manner in which contracts, which are half way through, should be dealt with. The guidelines do not provide if the earlier contract should be terminated, rescinded etc., and the manner in which the rice already procured and received for transportation be dealt with. Even during oral submissions, either learned Adv., for the respondent No. 2, or learned Asstt. Solicitor General is not in a position to make a statement in this regard. 18. It is seen that the respondents have failed to bring on record any material to....