Sanvira Industries vs Rain CII Carbon (Vizag) Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 596

S. RAVINDRA BHAT, DIPANKAR DATTA
Sanvira Industries – Appellant
Versus
Rain CII Carbon (Vizag) Ltd. – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Raj Bahadur Yadav, AOR Mr. Ashish Prasad, Adv. Ms. Mukta Dutta, Adv. Mr. Vivek Singh, AOR
For the Respondent(s): M/S. Ahmadi Law Offices, AOR Mr. Shariq Ahmed, Adv. Mr. Tariq Ahmed, Adv. Mr. Tushar Mehta, Solicitor General Mrs. Sonia Mathur, Sr. Adv. Mr. Raj Bahadur Yadav, AOR Mr. Shashank Bajpai, Adv. Mr. Rupesh Kumar, Adv. Mr. Saurav Roy, Adv. Mr. Madhav Singhal, Adv. Mr. Manish Pushkarna, Adv. Mr. Dhananjaya Mishra, AOR Mr. Arnav Dash, Adv. Mr. Navneet Dogra, Adv. Mr. Nikhil Bhatia, Adv. Mr. Ayan Rai, Adv. Mr. Syed Jafar Alam, AOR Ms. Shivani Kahdekar, Adv. Ms. Shivani Khandekar, Adv. Mr. Gokul Holani, Adv.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. In these appeals, the allocation of quantities of RPC which is the abbreviation for raw pet-coke, a residue of the leftover from the refining of petroleum products and sand crude as well as other heavy oils, is in issue. Pet-coke is cheaper and burns hotter than coal and is, therefore, used as a fuel, for several industrial uses. However, tests on imported pet-coke and crude coke evidence that they have extremely harmful effects in as much as their residues thrown into the atmosphere contain Sulphur as well as injurious particulate material.

2. The appellant in one of the appeals is M/s. Sanvira Industries (hereafter “Sanvira”). It is aggrieved by the decision of the Delhi High Court¹[Dated 10.01.2023 in LPA 25/2021; LPA 70/2021; LPA 71/2021, W.P. (C) 5749/2021, and W.P. (C) 6258/2022], which has interfered with and set aside the minutes of the meeting as well as the decision of the Central Government allocating pet-coke.

3. The necessary facts are that the Director General of Foreign Trade (DGFT) determined the criteria for the allocation of impo

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2023 Supreme(SC) 596

S. RAVINDRA BHAT, DIPANKAR DATTASanvira Industries – AppellantVersusRain CII Carbon (Vizag) Ltd. – Respondent

S. RAVINDRA BHAT, DIPANKAR DATTA
Sanvira Industries – Appellant
Versus
Rain CII Carbon (Vizag) Ltd. – Respondent