In Brief
The Supreme Court dismissed appeals by Sanvira Industries challenging the allocation of raw pet-coke (RPC) import quota. The case concerns how the Government allocated a total RPC import ceiling of 1.4 million tonnes per annum among calciner units. Sanvira claimed its production capacity had increased to 330,000 MTPA (from 200,000 MTPA) by September 2018, entitling it to a larger share. The Court held that capacity must be assessed as of the reference date (09.10.2018) based on the Consent to Operate (CTO) then in force, which showed Sanvira's capacity as 200,000 MTPA. A subsequent APPCB certificate (dated 04.05.2020) retroactively certifying 330,000 MTPA capacity cannot override the original CTO. The Court upheld the Division Bench's decision that no change in allocation criteria had occurred, and dismissed Sanvira's appeals on the merits."
The lawyer headnote and full judgment text are available to registered users.