REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2010

(Arising out of Special Leave Petition (C) No.27615/08)

ORYX Fisheries Private Limited

...Appellant(s)

- Versus -

Union of India and others

...Respondent(s)

J U D G M E N T

GANGULY, J.

1.

Leave granted.

2.

The appellant, a Private Limited Company

engaged in the production, procurement and

processing and export of sea-foods, and

other related products, agreed to supply MT

1

of pealed and undeveined (PUD) shrimps to

one Cascade Marine Foods LLC (hereinafter

referred to as, “Cascade”}, a company

incorporated under the relevant laws of UAE

at Sharjah. The Purchase Contract dated

26.09.2006, was signed by Pristine Food

Inc., a local agent of Cascade, and as per

the details of the contract, the PUD

Shrimps were to be Block frozen-with

mandatory labels on both individual block

and master carton and the destination was

Sharjah, UAE. By a subsequent amendment

dated 19.10.2006 to the purchase contract,

the PUD quantity was increased to a total

of 24 MT without changing other terms of

the purchase contract. Prior to the