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High Court of DelhiW.P.(C)/13799/2018

Welspun Natural Resources Limited And ANR. v. Ministry Of Petroleum And Natural Gas And ANR.

2019-01-10Hon'Ble Mr. Justice Vibhu Bakhru2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13799/2018 & CM No. 53857/2018 WELSPUN NATURAL RESOURCES LIMITED AND ANR.

..... Petitioners Through:

Mr Sumit Goel and Ms Sumedha Sindhu, Advocates.

versus MINISTRY OF PETROLEUM AND NATURAL GAS AND ANR.

..... Respondents Through:

Mr Gaurnag Kanth, CGSC for R-1.

Dr R. M. Sharma, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 10.01.2019 1.

The petitioner has filed the present petition, inter alia, praying as under:- a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to follow the mandatory procedure contemplated under Article 30.3 of the PSC and to consider and decide in a time bound manner the various representations including representations dated 20.03.2013, 17.10.2014, 26.03.2015, 27.07.2015, 20.04.2017, 06.09.2017, 04.07.2018 and 03.08.2018 made by the non-defaulting parties (i.e the Petitioner Nos. 1 and 3 herein) under the proviso to Article 30.3 of the Production Sharing Contract dated 2.03.2007 in accordance with the law, the provisions of the contract and the principles of natural justice and permit the Petitioners to substitute and

appoint Adani Welspun Exploration Limited as the operator in place of Naftogaz India Private Limited." 2.

The learned counsel appearing for the petitioner submits that it has now received a communication dated 02.01.2019, enclosing therewith a letter dated 24.05.2018, whereby the representations made by the petitioner appear to have been rejected. The learned counsel seeks to withdraw the present petition with liberty to avail its remedies. 3.

The learned counsel appearing for respondent no.2 (Directorate General of Hydrocarbons) submits that no liberty should be granted. The said request is unmerited.

This Court has not examined the disputes on merits and finds no reason to curtail the rights available to the petitioner. Accordingly, the petition is dismissed as withdrawn with the liberty as sought for.

4.

The pending application is also disposed of.

VIBHU BAKHRU, J JANUARY 10, 2019 MK