M/S Gas Authority Of India Limited v. M/S Jsw Ispat Steel Limited

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 56/2024 & CM No.17522/2024 M/S GAS AUTHORITY OF INDIA LIMITED ..... Appellant Through:

Mr Kapil Sankhla and Ms Fagun Sharma, Advs.

versus M/S JSW ISPAT STEEL LIMITED ..... Respondent Through:

Mr Sandeep Sethi and Mr Ramesh Singh, Sr Advs. with Mr Sahil Narang, Mr Dhritiman Roy, Mr Madhavam Sharma, Mr Ayushman Kacker and Mr Priyanshu Jain, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 29.04.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM No.17522/2024 1.

Allowed, subject to just exceptions.

FAO(OS) (COMM) 56/2024 2.

The substantive prayer made in the appeal reads as follows: "(i) Allow the present appeal and set aside the finding of the Ld. Single Judge in paragraph 45 of the Impugned Judgment dated 20.12.2023 in O.M.P.(Comm) 249 of 2020 to the extent that it holds that the Tribunal's interpretation of "monthly transportation/service charges" can be proportionally reduced is a possible view."

FAO(OS) (COMM) 56/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 11:29:05

3.

Mr Kapil Sankhla, learned counsel, who appears on behalf of the appellant/GAIL, says that although the appellant/GAIL does not have any grievance with the final conclusion reached by the learned Single Judge via judgment dated 20.12.2023, the appellant's/GAIL's grievance is encapsulated in the prayer clause extracted hereinabove. 3.1 In this regard, our attention has also been drawn to paragraphs 3 and 4 of the appeal.

4.

According to us, since the final decision rendered by the learned Single Judge is not an aspect with which the appellant/GAIL is aggrieved, the issue raised in the appeal can be taken as an objection in the cross-appeal filed by the respondent, which is also listed today before us as Item No.8. 5.

Accordingly, the present appeal is closed with the aforesaid observations.

6.

Liberty is granted to the appellant/GAIL to file written objections in the appeal preferred by the respondent, i.e., FAO(OS)(COMM)No.4/2024. RAJIV SHAKDHER, J AMIT BANSAL, J APRIL 29, 2024 aj Click here to check corrigendum, if any FAO(OS) (COMM) 56/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 11:29:05