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2003 Supreme(Bom) 165

D.Y.CHANDRACHUD, C.K.THAKKER
Saibaba Flour Mills Ltd. & others – Appellant
Versus
National Co-operative Consumers Federation of India Ltd. & others – Respondent


JUDGMENT - THAKKER C.K., C.J.:---Rule. Mr. Iqbal Chagla, learned Senior Advocate with Mr. S.M. Gorwadkar, appear and waive service of rule on behalf of National Co-operative Consumers Federation of India Ltd. Mr. V.A. Gangal, learned Counsel, appears and waives service of rule on behalf of Food Corporation of India and Senior Regional Manager, Food Corporation of India, in all petitions. The matters have been taken up for final hearing.

2. In all these petitions, an action taken by the Food Corporation of India (FCI) and Senior Regional Manager (FCI), respondent Nos. 2 and 3 in Writ Petition No. 7468 of 2002, of giving contract to National Co-operative Consumers Federation of India Limited (Federation), respondent No. 1 in Writ Petition No. 7468 of 2002, is challenged. To appreciate the contentions raised in all the petitions, few relevant facts in the first petition i.e. Writ Petition No. 7468 of 2002 may now be stated.

3. Petitioner is a consumer of foodgrains for manufacture of flour from Food Corporation of India (hereinafter referred to as "FCI"). On 1st November, 2002, the first respondent-Corporation published an advertisement for sale of 70,000 M.Ts. wheat at Borivli and Manm































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