Jsw Steel(Salav) Limited v. Gail(India) Limited

Nitin 911-ARBPL-181-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 181 OF 2015 JSW Steel (Salav) Limited ...

Petitioner

Versus

GAIL (India) Limited ...

Respondent Mr. Janak Dwarkadas, Sr. Adv. a/w. Mr. Karl Tamboly, Mr. M.P. Bharucha, Ms. Nandini Singh, Ms. Sheya Ramesh i/b. Bharucha and Partners for the Petitioner.

Mr. G.S. Roshan Raj, Sr. Manager (Marketing) of the Respondent, present in person.

CORAM : S.J. KATHAWALLA, J.

DATED : 29 TH JANUARY, 2015 P.C.

1.

Mr. G.S. Roshan Raj, Sr. Manager (Marketing) of the Respondent - GAIL (India) Limited is present in Court. He has tendered a letter dated 21st February, 2012 addressed by the Ministry of Petroleum and Natural Gas to the Chairman and Managing Director, GAIL (India) Limited, New Delhi wherein it is stated as follows :

"In cases where there has been change in constitution / ownership / location after 11.3.2010 and are not covered under the guidelines, the cases may be referred to the Ministry with recommendations of GAIL along with substantiating documents".

A copy of the said letter dated 21st February, 2012 is taken on record and

Nitin 911-ARBPL-181-2015 marked 'X' for identification.

2.

Mr. G.S. Roshan Raj states that GAIL (India) Limited shall refer the case of the Petitioner to the Ministry of Petroleum and Natural Gas along with substantiating documents to enable the Ministry to take necessary decision in the matter and GAIL (India) Limited shall in the meantime recommence / continue the supply of gas to the Petitioner. The statement is accepted.

3.

In the event of the Ministry of Petroleum and Natural Gas taking any decision which is adverse to the Petitioner, the Respondent - GAIL (India) Limited shall continue the gas supply to the Petitioner for a further period of three weeks to enable the Petitioner to take out appropriate proceedings.

4.

The above Petition is accordingly disposed of. (S.J. KATHAWALLA, J.)