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TMI Blog1984 (8) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, it has acquired considerable technical know-how in setting up plants for which purpose, it utilises the services of highly qualified technical persons like engineers, technologists, architects, chemists, etc. The petitioner also renders services as consulting engineers to various concerns and even foreign technical consultants have recognised the services of the petitioner and have collaborated with it to submit technical proposals to various private and Government undertakings. Some joint proposals have also been entered into with Danish, French and Canadian companies. Another public limited company in India, namely, the South India Viscose Limited (hereinafter " the company ") had in existence its plant for manufacture of viscose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ints and designs for the purposes of erection and installation of machinery and plant;. (c) transferred all the rights relating to them to the company (d) trained the staff of the company by giving them necessary technical know-how and information concerning the working and operations of and use of models, designs, process for manufacturing rayon staple fibre formulas, machinery installation, erection of plant and machinary for manufacture of 20 tons of viscose staple fibre, 7 1/2 tons per day of carbon disulphide and 60 tons per day of concentrated sulphuric acid; (e) provided (i) civil designs and prepared other layout drawings for all items of plant, structure and facilities listed in exhibit " A " to the said agreement; (ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo orders, namely, order dated May 10, 1974 (exhibit D), and order dated February 8, 1979 (exhibit G), that is challenged in this petition under article 226 of the Constitution. Mr. S.P. Mehta, learned counsel for the petitioner, submitted at the outset that the petitioner has suffered considerable loss and injustice amounting to virtual miscarriage of justice by its agreement with the company not being approved by the Board under section 80MM of the Act. He submitted that the agreement between GRASIM and the company, which agreement, according to the Board, was " very relevant " for examination of the claim under section 80MM of the Act, could have been easily produced at an earlier stage but was, out of sheer want of due care and cauti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for approval under section 80MM of the Act was being heard and considered on merits almost or virtually afresh. Having decided to do so, the Board would then have been justified in granting to the petitioner full opportunity of producing all such agreements, materials, data and evidence as the petitioner was advised. It would then have been also more appropriate not to reject the claim, inter alia, on the ground that materials now produced have not been produced earlier. Besides, proceedings having been in fact reopened, there was then no good reason why other agreements and documents, apparently genuine and pre-existing during the original enquiry itself, should be excluded from consideration. When a case for reconsideration appeared to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity being given as requested on behalf of the petitioner, the better order, and one more in consonance with justice, would be not to decline the requested opportunity particularly in a high-stakes matter with an apparently genuine claim-but to set aside the orders impugned herein and send the proceedings to the Board for consideration afresh of the petitioner's application for approval of the agreement of March, 1972, under section 80MM of the Act and deciding the same on merits and in accordance with law but after providing to the petitioner an opportunity to produce all such and other materials, documents and evidence and after fully taking the same into account and consideration. Since indulgence is being granted to the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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