decision of
dual pricing to control unfair trade practice and not to
accept lowest price-Held, dual pricing under certain
circumstances may be reasonable-Railways ... decision to adopt
dual pricing under the circumstances was bonafide.
Administrative Law:
Government contracts-Judicial review of.
Doctrine of Legitimate Expectation-Concept,scope and
applicability
Price Notification provided that non-
core/unlinked sector industries are required
to pay 20% additional price over and above the
notified prices. Clause 10 reads ... additional price over and above
the notified prices."
Being aggrieved with the above stated
clause in the price notification issued by the
respondent
cartel by three tenders--Railway's
finding--Whether--bona fide-Dual pricing--Whether
discriminatory--Allotment of quantity to renders--Supreme
Court directions.
HEADNOTE ... taken as decided by the Minister, which had
resulted in dual-pricing, namely, one to the three tenderers
and the higher one to the other
quoted by JRIL).
11. JRIL, being aggrieved by dual pricing of the BOXHNL wagons,
made a representation dated 28.11.2015 voicing its grievance that the
Notice ... letter dated
23.08.2016 to adjudicate its claims including in regard to dual pricing
of wagons. The Railways responded to the aforesaid communication
empowered thereunder to fix the price of coal and it could not be
precluded from fixing appropriate prices including, dual pricing, if deemed
necessary. Therefore ... proper exercise of price fixation.
c) The price decided through the e-auction system was an artificially
inflated price and the same had caused uncertainty
SCCL &
Ors. [(2005) 2 SCC 227], the dual pricing policy adopted could not be found
fault with. Even the commercial principles laid down therein ... Auction or
purchase coal from NCCF, which would give rise to dual
pricing and, thus, the same is unreasonable;
(iv) The State agencies like BISCAUMAN
Constitution of India, and consequently direct the respondents to withdraw the dual pricing policy of High Speed Diesel or in the alternative, accord exemption ... crores per day. The Government of India introduced the dual pricing policy on 17th January, 2013, as a result of which the oil companies have
additional price over and above the notified prices."
2. In the earlier part of the notification, the prices of various grades and varieties ... price Notification, a distinction is drawn between linked customers and unlinked customers and the unlinked customers are made to bear higher price. Thus, a dual
supra), the Hon'ble
Supreme Court considered the question of dual pricing policy. In
that case the tender for supply of cast steel bogies ... lower price and the others namely smaller manufacturers
cannot be given advantage to supply at a higher price and such
14
dual pricing is unreasonable
Bayer Corporation vs Union Of India Through The Secretary on 15 July, 2014
Author: M
