( 1 ) BY this judgment we are deciding Writ Petitions Nos. 3181/94, 3160/94 and 3161 /94 since grounds of challenge are the same and so also the issues and the prayers. In this judgment we will refer to the facts of the case of G. D. Zilani (CWP No. 3181/94) and shall refer to other two petitions wherever necessary.

( 2 ) FIRST petitioner is the shareholder of the second petitioner M/s. Torrent Gujarat Biotech Ltd. ("torrent" for short), which is a company and is in the process of setting up its own penicillin plant. By this petition under Article 226 of the Constitution the petitioners seek a writ of mandamus or any other appropriate order or direction quashing and/ or recalling the decision of the first respondent-Union of India in the Ministry: of Chemicals and Fertilizers in allowing the second respondent- Hindustan Antibiotics Ltd. ("hal" for short) to enter into a contract with the third respondent, Max-GB Ltd. (Max-GB), for leasing out the penicillin G (Pen-G) plant (Unit) of HAL to the third respondent. Petitioners have. also prayed that a direction be issued to the Union of India, i. e. , the Central Government, and HAL to give equal opportunity to the petition