( 1 ) THE present application of Union M India, defendant No. 1 is to the effect that the plaint of the suit filed by M/s. Shakti Sugars Ltd. does not disclose any cause of action against the former and that therefore the suit against the former should be dismissed with costs.

( 2 ) FOR the purpose of deciding this application obviously only allegations of the plaintiff as contained in the plaint are to be and arc being considered. Those allegations briefly are as follows :

( 3 ) PLAINTIFF is a public limited company incorporared under the provisions of the Indian Companies Act having its registered office at 73-A Race Course Road, Coimbatore. It is carrying on business, infer alia, of manufacture of white crystal sugar at its factory at Appakkudal Bhavani Taluk, District Periyar, Tamil Nadu.

( 4 ) THE State Trading Corporation of India, defendant No. 2. who is canalising export of sugar out of India under the Imports and Exports ( (Control) Act, 1947 (hereinafter referred to as the Act) issued a notice by way of publication in newspaper "the Hindu" dated, August 18, 1978 inviting tenders receivable before August 22, 1978 from Sugar Factories in India for supplying o