Gujarat State Petronet Limited v. Petroleum And Natural Gas Regulatory Board And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3128/2019 & CM No. 14309/2019 GUJARAT STATE PETRONET LIMITED ..... Petitioner Through:

Mr T. Srinivasa Murthy, Mr Piyush Joshi, Ms Sumiti Yadava, Mr Telma Raju, Mr Prithviraj Chauhan and Mr Laila Elzabeth Philip, Advocates.

versus PETROLEUM AND NATURAL GAS REGULATORY BOARD AND ORS.

..... Respondents Through:

Ms Sonali Malhotra, Advocate for R1.

Mr K. R. Sasiprabhu and Mr Vishnu Sharma, Advocates for R-2.

Mr Aditya Shandilya, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 03.04.2019 1.

The petitioner has filed the present petition, inter alia, impugning orders (two in number) dated 15.03.2019. The petitioner contends that the Petroleum and Natural Gas Regulatory Board (PNGRB) has no jurisdiction to stay the tariff orders which are in the nature of subordinate legislation. In addition, the petitioner also contends that that the impugned orders are vitiated, as they have been passed without hearing the petitioner. 2.

The learned counsel appearing for the PNGRB states that the impugned orders were passed, pursuant to the directions issued by the Court.

However, the PNGRB shall pass a fresh order after affording the petitioner, an opportunity of hearing.

3.

In view of the above, the impugned orders are set aside and the PNGRB is directed to pass fresh orders after issuing notice to the petitioner and all concerned parties, and after affording them an opportunity of being heard.

4.

It is clarified that all contentions of the parties are reserved. 5.

The petition is disposed of in the aforesaid terms. The pending application is disposed of.

VIBHU BAKHRU, J APRIL 03, 2019 MK