reasoning that their goods are not covered under Fertilizers Control Order, 1995 (FCO). Sr. Counsel drew attention of the Bench to the Boards Circular ... relevant nor chapter note specified give any reference to FCO. He further drew attention to para
provisions of
Clause 4(a), 5 and 35 of Fertilizer Control Order (FCO), 1985. The
contraventions noticed during the inspection carried out on 8.12.2010 have ... analysis of
the samples as provided for under the aforesaid FCO. The 2nd respondent acceded
to the said request of re-analysis. But, however, without
Control Order dated 16 December 2006 (hereinafter referred to
as "the FCO 2006"), which permitted use of sulphur ... form of powder or as granules. The
reliance was misplaced. The FCO 2006 merely recommended a
minimum standard of sulphur composition (90% by weight
Aladdin' is a commodity regulated by Fertiliser (Control) Order,
1985 (hereinafter FCO), and defendant no. 2 has already obtained
permission to market the product ... Central Government enacted
regulations under Regulation 20 A of FCO launching commercial trials for
fertilizer named 'Bentonite Sulphur with Zinc (granular)' noted
seeking a declaration that the Fertilizer
(Control) Order, 1985 (for short 'FCO') cannot be applied o the petitioner and
for consequential direction ... official respondents forbearing the petitioner
from applying the provisions of the FCO.
(c) WP.No.30856 of 2012 is filed by a fertilizer manufacturing unit
seeking a declaration that the Fertilizer
(Control) Order, 1985 (for short 'FCO') cannot be applied o the petitioner and
for consequential direction ... official respondents forbearing the petitioner
from applying the provisions of the FCO.
(c) WP.No.30856 of 2012 is filed by a fertilizer manufacturing unit
specified under the Fertilizer
(Control) Order, 1985 (hereinafter referred to as 'FCO'). The FCO
was issued by the Central Government in exercise ... Essential Commodities Act,
1955. As per the terms of the FCO, the Central Government may, with
a view to regulating the equitable distribution of fertilizers
prescribed under the
Fertilizer (Control) Order, 1985 [hereinafter called as "FCO"]. Immediately,
the Petitioner sent a letter to the Director of Agriculture, Puducherry ... within the
specification in Part A of Schedule 1 of FCO, are to be specified. In the
instant case, Petitioner has purchased the material from
Order, 1985 (hereinafter referred to as 'the FCO'). By virtue of an Office
Memorandum dated 10.09.2007, the petitioner was inducted into a
Concession ... other Orders issued time and again by the Department and
FCO 1985 provisions.
Therefore, keeping in view all the facts and circumstances involved
follows:
Sr. No. Caterpillar Part No. Infringing Part No.
1. FCO-2136
360-8960
FCT-8960
2. 479-4131 FCO-2179
3. 523-6602 FCO ... FCO-2191
6. 311-3901 FCT/FC-3901
32. A brief tabulation of the infringing parts and details of their purchase
is as below:
Caterpillar
