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2021 Supreme(Mad) 2574

S.M.SUBRAMANIAM
Lakshminarayanan Mining Company, Bangalore – Appellant
Versus
Chairman, Chennai Port Trust, Chennai – Respondent


Advocate Appeared:
For the Petitioner:S.R. Rajagopal, S.R. Raghunathan, Prahalad Bhat, Rahul Balaji, Advocates.
For the Respondent:R. Sankara Narayanan, Additional Solicitor General of India assisted M.R. Dharani Chander, Advocate.

ORDER :

(Prayer: WP 29218 of 2010 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent in issuing the communication dated 30.09.2010 in Ref.No.MEE/V1/2130/2009/Dy.CME(OH) and quash the same and consequently direct the respondents to invoke/apply the Force Majeure Clause and not to invoke the Security Deposit and Bank Guarantee furnished by the petitioner in furtherance of Allotment Order No.9/2010 dated 31.01.2010.)

1. The communication dated 30.09.2010 and 07.10.2010 declining the request of the petitioners to reconsider the proportionate drop in MGT under 'Force Majeure Condition', is under challenge in all these writ petitions.

2. In view of the fact that the issues raised are common in all these writ petitions, the petitioners are heard together and a common order is passed. WP No.29218 of 2010 is taken as a lead case.

3. The petitioner is engaged in the business of Mining of Iron Ore in the State of Karnataka and exporting the same. Export of Iron Ore had been made to several countries outside India through the Port at Chennai. The petitioner had sought the allotment

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