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2017 Supreme(Mad) 131

C.V.KARTHIKEYAN
Tungabadra Minerals Private Limited – Appellant
Versus
Chennai Port Trust – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr.Yashod Vardhan, Senior Counsel for Mr.Vinod Kumar
For the Defendants : Mr.Somayaji Senior Counsel for Mr.Dharani Chander

JUDGMENT :

The plaint

1. The plaintiff is a company incorporated under the provisions of the Indian Companies Act 1956 and is involved in business activities including mining iron ore. Government of Karnataka holds 26% shareholding in the plaintiff company. The plaintiff holds license to mine ore in the State of Karnataka and more particularly in Bellary District. The plaintiff does not carry out mining of iron ore in any other place in India. The iron ore is sold in domestic and international market. It had been stated that the export of iron ore constitutes a major part of its revenue which has progressed on an increasing scale from the year 2002 to July 2010. The exports have been done primarily through the Chennai Port Trust. The iron ore is transported from Karnataka by road/rail. At Chennai Port, the iron ore are stacked within its premises. The said area is allotted on availability and an exporter is required to pay license for use of stacking area. There are also several terms and conditions. One of the condition is that there must be a minimum export guaranteed throughput durin














































































































































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