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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

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

between 2002 and 2008 and the Chennai Container had achieved the minimum throughput in terms of the conditions of the licence agreement. 6. According ... call at the Port; and the Licensee ensuring that the prescribed minimum throughput shall be contributed by Non-Transshipment Traffic from the 3rd year onwards