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2009 Supreme(Kar) 292

V.G.SABHAHIT, P.D.DINAKARAN
MANJUNATHA OVERSEAS GRANITE LIMITED, BANGALORE – Appellant
Versus
MYSORE MINERALS LIMITED, BANGALORE – Respondent


Advocates appeared:
Smt. Kusuma R. Prasad for Sri L.M. Chidanandayya, Advocate for Appellant;
Sri Chandrakanth R. Goulay and Sri Vidyananda Arali, Advocates for Respondent.

JUDGMENT

The unsuccessful writ petitioner is the appellant herein who has filed this appeal against the order dated 15-4-2005 made in W.P. No. 15212 of 2004 refusing to grant issue of mandamus directing the respondents to supply 20000 PDMT iron ore fines of + 65% from Subbarayanahalli Iron are Mines at Rs. 175/- per PDMT pursuant to the letter of allotment dated 17-11-2003.

2. The appellant-writ petitioner, in the writ petition sought to quash the order dated 4-2-2004 passed by respondent herein. The said order reads as hereunder:

"Sub: Re-allotment of delivery note with respect to Iron ore fines as against the de-livery order dated 5-12-2003.

Ref: (1) Your letter dated 14-11-2003.

(2) Our letter of intent dated 17-11-2003.

(3) Delivery order dated 5-12-2003.

With reference to the above subject, our company had released 20,000 Mts. of + 65% iron ore fines from our Subbarayanahalli Iron are Mine. After receiving Rs. 31.00 lakhs of advance amount as per the letter of intent at Rs. 175/- per PDMT including royalty, FDT, cess and applicable taxes, the delivery order was issued. While verifying the accounts, the company auditors have pointed out that as per the letter of intent under reference







































































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