K.N.WANCHOO, J.M.SHELAT, G.K.MITTER
Bharat Barrel And Drum Manufacture Company LTD. – Appellant
Versus
L. K. Bose – Respondent
Judgment
SHELAT, J. : This appeal by special leave is directed against the judgment and order of the High Court at Calcutta which upheld the judgment and order of the Single Judge of that High Court dismissing the writ petition filed by the appellant company.
2. The appellant company was at all material times carrying on the business of manufacturing barrels and for that purpose required steel sheets. By reason of the Essential Commodities Act, 1955, the Iron and Steel (Control) Order 1956 and divers orders passed by the Iron and Steel Controller the appellant company could get supplies of steel sheets only by obtaining release orders from the Controller on stockists and importers. The Controller would direct under such a release order an importer or a stockist to supply steel sheets to the appellant company at rates and on terms and conditions specified by him therein. By three such release orders, of October 28 and 29, 1960 the Controller directed the 6th respondent M/s. Aminchand Pyarelal and Co., to supply to the appellant company 3406.386 metric tons of steel sheets. Prior to these three orders certain other release orders had been issued on the 6th respondent and the appellant
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