Judgment

BOSE J.: This is a petition made by the Madhya Bharat Cotton Association Limited, under Article 32 of the Constitution, complaining of discrimination under Article 14 and restraint of trade under Article 19(1)(g). The restraint of trade is because the petitioner has been prevented by certain notifications, which it impugns, from carrying on the business of hedge contracts; the discrimination lies in the fact that whereas the petitioner has been prevented from carrying on this trade, the East India Cotton Association Limited, Bombay. has been allowed to do so and has been given a virtual monopoly in India.

2. The action of which complaint is made was taken under the Cotton Control Order of 1950. Clause 4 of this Order banned all cotton contracts and options in cotton except those permitted by the Textile Commissioner by a general order made under Clause 6. The Textile Commissioner was also authorised to place such restrictions and conditions as he thought fit on the contracts and options which he permitted.

3. Acting under this authority the Textile Commissioner made the following orders:

(1) S.R.O. 2045, dates 11-12-1952

(2) S.R.O. 1425, dated 16-7-1953

(3) S.R.O. 1651, dated 3-