The Supreme Court on Monday declined to stay the order passed by the Andhra Pradesh government directing the US based biotech major Monsanto to sell its geneticaly modified Bt cotton seed at the price not more than Rs 750.
The Supreme Court Bench said it was not going to interfare the order passed by the Andhra Pradesh government at this juncture.
However, the bench made it clear that either the Supreme court or the Monopolies and Restrictive Trade Practices Commission would decide as to who should pay the additional amount, which may be due on the company.
On May 29, the agricultural commissioner of Andhra Pradesh issued circular to the Mahyco-monsanto's sub-licensees in the state to charge Rs 750 for 450 gm pack of the Bt cotton seed.
The state government has fixed Rs 750 as the ceiling price for the gentically modified Bt cotton seeds.
Later, Mahyco-Monsanto, the fully owned Indian subsidiary of the Monsanto, challenged it before the Supreme Court terming the order 'illegal and arbitrary' and in 'violation of the MRTPC order'.
Monsanto argued that it had time till June 10 to review its technology fee, as directed by MRTPC. Also, its appeal filed before the apex court challenging the MRTPC order was pending adjudication, it added.
"The technology fee charged by the MMB for its bollgard insect-protected cotton technology is under consideration of courts," it said.
On May 12, the MRTPC rderd the US-based multinational not to charge the controversial trait value of Rs 900 for a packet of 450 gms of genetically modified Bt-cotton seeds and to fix a reasonable trait value as charged by its parent company (Monsanto) in China. For it, the Commission has granted a month's time to the Monsanto.
Later, the multinational challenged the MRTPC order in the Supreme court, on which a vacation bench comprising Justice Arijit Pasayat and Justice R V Raveendran had issued notices to the Andhra Pradesh government and others.
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