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2005 Supreme(Guj) 690

K.S.JHAVERI
Essar Steel Ltd. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: Dushyant A.Dave, JITENDRA MALKAN, K.S.Nanavati, KARTIKEYA THAKAR, KUNAL K. NANAVATI, S.N.THAKKAR, S.S.PANESAR, VASAVDATTA BHATT

K. S. JHAVERI, J.

( 1 ) WHILE dealing with the diverse contentions raised by the parties in the petition, the consequential issues which arose for consideration of this Court are (i) whether a government monopolistic company established with the object of accelerating the growth of national economy should concentrate on profit motive alone in the course of discharge of its functions, and (ii) whether such a company has the authority to deviate from the directions issued by the central Government in policy matters and act arbitrarily and unreasonably for the sole purpose of making super profit.

( 2 ) THE petitioner Essar Steel limited has prayed for quashing and setting aside notice dated 1/5/2001 whereby the respondent Nos. 3 to 5 have sought disconnection of supply of gas for nonpayment of transportation charges; to restrain the respondents, their officers, servants from acting in any manner contrary to the Government pricing orders dated 31/12/1991, 18/9/1997 and 30/9/1997; to direct the respondents to implement orders dated 21/5/1999 and 5/7/1999 issued by the respondent No. 1 pursuant to the recommendations dated 5/4/1999 tendered by the Committee constituted by the respondent
























































































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