Karanjawala & Co. Secures Major Supreme Court Relief in Landmark Ethanol Procurement Dispute, Paving Way for Additional 149 Crore Litres Procurement

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The Supreme Court of India, seized of the batch of matters pertaining to ethanol procurement for the Ethanol Blended Petrol Programme (“EBPP”), today passed a significant order in terms of which additional procurement to the tune of 149 crore litres was allowed to be awarded to the bidders of Quarter IV in the tender for ethanol procurement for Ethanol Supply Year (ESY”) 2025 – 2026. 

This order assumes significance as, in terms thereof, the Ld. Attorney General for India, appearing for the oil marketing companies, afforded treatment at par to all suppliers under the EBPP including units which do not have Long Term offtake agreements (“LTOA”) with Oil Marketing Companies (“OMCs”)

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This order has been passed in the batch of matters led by the case of Modi Biotech Private Limited and Others v. VINP Sugars and Distilleries Private Limited, SLP (Civil) No. 22963 of 2026, impugning an order dated 16.06.2026 passed by the Ld. Single Judge of the Hon’ble Karnataka High Court. In terms of the said Impugned Order, the Ld. Single Judge of the Hon’ble Karnataka High Court had directed the OMCsto consider the representation by M/s VINP Sugars and Distilleries Private Limited, a LTOA holder to consider procurement of ethanol from the said unit up to its design capacity.

The Hon’ble Supreme Court of India, whilst passing the said Interim Orders, was also pleased to observe that it was at pains to understand the merit or the basis of the Impugned Order.

The said matter assumes significance in the larger perspective of the EBPP, a pioneering initiative of the Government of India. It is noteworthy that many non-LTOA units, ISMA, and certain other entities, including VINP Sugars and Distilleries Private Limited, also opposed the grant of the said interim orders. However, the Hon’ble Supreme Court of India was pleased to accept the proposal of the learned Attorney General, supported by the petitioners in SLP (C) No. 22963 of 2026, led by Mr. Ranjit Kumar and Mr. Amit Sibal, Ld. Senior Counsel.

The Ld. Attorney General for India, Mr. R. Venkataramani, appeared on behalf of the public sector OMCs, namely Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited, and Hindustan Petroleum Corporation Limited.

Mr. Mukul Rohatgi, Ld. Senior Counsel, appeared on behalf of the LTOA units established in 2023-2024, opposing the interim arrangement proposed by the Ld. Attorney General for India.

Modi Biotech Private Limited and Other Petitioners, in the lead Special Leave Petition, being SLP (C) No. 22963 of 2026, were represented by Mr. Ranjit Kumar and Mr. Amit Sibal, Ld. Senior Counsel, briefed by a team from Karanjawala & Co. Advocates, led by Mr. Debmalya Chandra Banerjee, Partner, Ms. Tahira Karanjawala, Partner, along with Mr. Arjun Sharma, Associate Partner, Mr. Ishaan Kumar, and Mr. Pranav Garg, Associates.

Mr. Siddharth Dave, Ld. Senior Counsel, appeared on behalf of the main contesting respondent which was the original writ proceedings before the Hon’ble High Court of Karnataka, M/s VINP Sugars and Distilleries Private Limited.

Mr. Maninder Singh, Ld. Senior Counsel, appeared on behalf of the Indian Sugar Mills & Bio Energy Manufacturers Association.


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