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2015 Supreme(Online)(DEL) 49

HIGH COURT OF DELHI
THE FERTILISER ASSOCIATION OF INDIA – Appellant
Versus
UNION OF INDIA & ORS. – Respondent


JUDGMENT

VIBHU BAKHRU, J

1. The petitioner is an association of fertilizer manufacturers/importers and has filed the present petition impugning:

1.1 Clauses 5 & 6 of the Office Memorandum (hereafter ‘OM’) dated

03.05.2013 (hereafter ‘OM-1’) whereby the fertilizer manufacturers/importers were directed to reduce the Maximum Retail Price (MRP) of other grades of Phosphatic and Potassic (P&K) fertilizers to the extent of the amount mentioned in the OM-1. The fertilizer manufacturers/importers were further warned that action would be taken against the entities who did not comply with the price reduction.

1.2 Clauses (ii) and (iii) of another OM dated 03.05.2013 (hereafter ‘OM-

2’)

1.3 OM dated 21.06.2013, which required the fertilizer manufacturers/importers to submit certified cost data alongwith their claims of subsidy in order to check the reasonableness of MRP of the fertilizers. The said OM also indicated that the subsidy would be restricted if it is established that the MRP of fertilizers is unreasonable.

1.4 OM dated 26.06.2013 whereby reference MRPs of other grades of P&K fertilizers were specified.

OM-1, OM-2, OM dated 21.06.2013 and OM dated 26.06.2013 are hereafter collectively referr

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