All Services Global Private Limited vs Union of India through Ministry of Petroleum and Natural Gas

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2025:BHC-OS:6083-DB

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909-wp-1971-2024-J.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.1971 OF 2024

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All Services Global Private Limited, A Company registered and incorporated under the Companies Act, 1956, Having its registered office at Plot No.AG-3, Cama Industrial Estate, Goregaon (East), Mumbai – 400 063.

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Suresh Verma, Managing Director of Petitioner No.1, An Adult, Indian inhabitant, Having his address at Plot No.AG-3, Cama Industrial Estate, Goregaon (East), Mumbai – 400 063. …..Petitioners

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Vs.

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Union of India, Through Ministry of Petroleum and Natural Gas, Having office at: Shastri Bhavan, New Delhi – 110 001.

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Oil and Natural Gas Corporation Limited, A Corporation registered under the Companies Act, 1956 and Having its registered office at Jeevan Bharti, Tower-II, 124, Connaught Circus, New Delhi - 110 001, India and one of its work centre at 1^st Floor, Exchange Plaza, Bandar Kurla Complex, Bandra (East), Mumbai – 400 051.

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The Chairman and Managing Director, Oil and Natural Gas Corporation Limited, Having its registered office at Jeevan Bharti, Tower-II, 124, Connaught Circus, New Delhi 110 001,

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1/4

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Gaikwad RD

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909-wp-1971-2024-J.doc

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India and one of its work centre at 1^st Floor, Exchange Plaza, Bandar Kurla Complex, Bandra (East), Mumbai – 400 051. …..Respondents

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Mr. Gauraj Shah with Mr. V. A. Joshi & Mr. Vir Patel, i/b. Chitnis Vaithy & Co., for the Petitioners. Mr. Nikhilesh Koundinya with Ms. Shruti Mehta, i/b. Solomon & Co., for the Respondent Nos.2 and 3.

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CORAM : REVATI MOHITE DERE &

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DR. NEELA GOKHALE, JJ.

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DATE : 2^nd APRIL 2025.

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P.C.:-

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By way of this Petition, the Petitioners seek direction to

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the Respondents to constitute an Outside Expert Committee (‘OEC’)

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as per the demand made on behalf of the Petitioner No.1 vide letter dated 20^th June 2023.

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The Petitioners relied on Clause No.27 of the agreement dated 17^th April 2013 which is the arbitration clause. Clause No.27.1 contemplates resolution of disputes through conciliation by OEC (in cases valuing above 5 Lakhs) at the first instance. Clause No.27.2 provides that if the parties are unable to settle the dispute mutually, the same shall be referred to arbitration as provided in the said clause.

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Thus, the redressal mechanism essentially postulates resolution of

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2/4

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Gaikwad RD

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909-wp-1971-2024-J.doc

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disputes, if any, by conciliation at the first instance, failing which it shall be referred to arbitration.

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Mr. Gauraj Shah, learned counsel appeared for the Petitioners and Mr. Nilesh Koundinya, learned counsel represents the Respondent Nos.2 & 3.

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After some arguments, it appeared that the matter could be resolved by way of an amicable settlement. By consent and on instructions of both the parties, both the counsel submit that the Respondent Nos.2 and 3 undertake to constitute OEC in accordance with Clause No.27.1 of the contract dated 17^th April 2013, which is at Exhibit ‘A’ at page No.28 of the Petition. The OEC shall complete the process of conciliation as per the terms of the said contract and, in any event, not later than 90 days from the date of its constitution.

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In view of the settlement between the parties as aforesaid, nothing remains for consideration in the matter and the Petition is accordingly disposed off on the aforesaid terms.

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