Judgment

I. MAHANTY, J.:- Paradeep Phospates Ltd. the petitioner-company is a company incorporated and registered under the Indian Companies Act, 1956. The petitioner-company has commissioned a fertilizer plant near Paradeep Port in the district of Jagatsinghpur, since 1982, as a joint venture company, of Government of India and the Government of Nauru. In course of time the Government of Nauru withdrew its investment and the Government of India became the sole 'shareholder of the petitioner company. From the writ petition it further appears that Government of India divested 74% share of the petitioner-company in favour of M/s. Zuari Maroc Phosphates Ltd. By virtue of the said share purchase agreement dated 2.8-2-2002 where by the management and control of the petitioner-company was handed over to M/s. Zuari Maroc Phosphates Ltd.

The petitioner-company needed to import raw materials, machineries and other equipments for the purpose of manufacture of different types of fertilizer and also for the purpose of export of its finished products and for the said purpose needed a berthing• facility within the Paradeep Port. Apart from berthing facility the petitioner-company also required to