that the respondent shall henceforth
not be liable to pay 'Minimum Guarantee Throughput' which was earlier
agreed under Article 9 and other relevant ... placed on clause 9.1 of the TSA which originally
provided for minimum guarantee throughput fee of Rs.9.25 crores per
annum or pro-rata
parties in reference to the claim of lease amount, "minimum guarantee throughput" and the usage of tanking facility to be created leading ... another prayer, the Tribunal directed to delete guaranteed productivity minimum guarantee throughput in Article IV, subject to condition that the said clause be kept under
parties in reference to the claim of lease amount, "minimum guarantee throughput" and the usage of tanking facility to be created leading ... another prayer, the Tribunal directed to delete guaranteed productivity minimum guarantee throughput in Article IV, subject to condition that the said clause be kept under
defendants. One of the conditions relates to export of minimum guarantee throughput during allotment period. This is to ensure that the exporter does not stack ... fulfilling the Minimum Guaranteed throughput, the Licensee is liable to pay the License fee for the shortage in the Minimum Guaranteed throughput. If the Licensee
June, 2005
imposing for the first time, the condition of Minimum Guarantee
Throughput (MGT) and the petitioner was required to furnish bank
guarantees
Guarantee would be
encahsed.
5. The petitioner till 31.08.2010 had exported 2,23,000 Metric
Tonnes. That is more than the prorata minimum guaranteed throughput ... apply with the minimum guarantee throughput due to the impossibility of
performance of contract created by the Government of Karnataka by passing
two orders imposing
Guarantee would be encahsed.
5. The petitioner till 31.08.2010 had exported 2,23,000 Metric
Tonnes. That is more than the prorata minimum guaranteed throughput ... above the minimum
guaranteed throughput for the relevant period. They are not in a position to
apply with the minimum guarantee throughput
claimed that the said export would not be included in the minimum guarantee throughput. It is this shortfall which the Defendant had claimed ... fact fixed a minimum guaranteed throughput of 7,20,000 MTs. The Plaintiff in order to achieve the said minimum guaranteed throughput had sought permission
Similarly,
exhibit 9, which was an undertaking for a Minimum Guarantee Throughput,
has also not been filled up by the Petitioner herein and has been
earlier, without any specific allotment order and agreement and without fixing minimum guarantee throughput (MGT), with the intention to cause undue gain ... various periods. A condition was imposed in the allotment letter regarding minimum guarantee throughput (MGT). The last of such allotment made to M/s Sesa
