Writ petition filed by EICL Limited was closed by the High Court pending a subsequent order passed by the Respondents, leaving all parties' rights to seek appropriate remedies open.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
WP(C) NO. 6666 OF 2022
PETITIONER:
EICL LIMITED
MELTHONNAKKAL P.O, THIRUVANANTHAPURAM, KERALA - 695317, REPRESENTED BY ITS GENERAL MANAGER (OPERATIONS) & UNIT HEAD, SHRI.MAHESH S.
BY ADVS. E.K.NANDAKUMAR (SR.) M.GOPIKRISHNAN NAMBIAR JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN POOJA MENON K.JOHN MATHAI
RESPONDENTS:
1 UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS, REPRESENTED BY ITS SECRETARY, SHASTRI BHAWAN, DR. RAJENDER PRASAD ROAD, NEW DELHI - 110001.
4 AGP CITY GAS PRIVATE LIMITED, 23, RAJIV GANDHI SALAI (OMR), 1ST FLOOR, BUILDING NO. CORE 2, PACIFICA TECH PARK, NAVALUR, CHENNAI, TAMIL NADU - 600130, REPRESENTED BY ITS MANAGING DIRECTOR,
BY ADVS. MANU S., ASG OF INDIA SHRI.M.N.MANMADAN, CGC S.MOHAMMED AL RAFI MATHEW A KUZHALANADAN KURIAKOSE VARGHESE V.SHYAMOHAN
WP(C) NO. 6666 OF 2022
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SRADHAXNA MUDRIKA GEORGE J.NALAPPAT JOSEPH KODIANTHARA (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6666 OF 2022
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JUDGMENT
Dated this the 13th day of June, 2022
Learned Standing Counsel submitted that, pending this writ petition, an order was passed by the Petroleum and Natural Gas Regulatory Board.
In view of the subsequent development, the writ petition is closed, leaving open the petitioner’s right to seek appropriate remedy.
Sd/-
V.G.ARUN
JUDGE
NB/13-6
WP(C) NO. 6666 OF 2022
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The second paragraph of the judgment “In view of this subsequent development, the writ petition is closed, leaving open the petitioner’s right to seek appropriate remedy” in W.P.(C.)No.6666/2022 dated 13.06.2022 stands corrected as “The writ petition is closed leaving open the rights of all the parties to seek appropriate remedy. All issues raised in this writ petition are left open” as per order dated 24.06.2022 in IA No.2/2022 in W.P.(C.)No.6666/2022.
Sd/-
JOINT REGISTRAR
WP(C) NO. 6666 OF 2022
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| PETITIONER EXHIBITS EXHIBIT P1 |
APPENDIX OF WP(C) 6666/2022 A TRUE COPY OF THE AUTHORIZATION LETTER DATED 29.03.2019 ISSUED BY THE PETROLEUM AND NATURAL GAS REGULATORY BOARD TO THE 4TH RESPONDENT. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE RELEVANT PORTIONS OF NATURAL GAS REGULATOR BOARD (AUTHORIZING ENTITIES TO LAY, BUILD, OPERATE OR EXPAND CITY OR LOCAL NATURAL GAS DISTRIBUTION NETWORKS) REGULATIONS, 2008 DATED 19.03.2008. |
| EXHIBIT P3 | A TRUE COPY OF THE LETTER DATED 05.01.2021, REQUESTING THE BOARD TO PERMIT THE PETITIONER TO SOURCE FUEL FROM ALTERNATE SOURCES UNTIL SUCH TIME THAT THE AUTHORIZED ENTITY CONSTRUCTS REQUISITE INFRASTRUCTURE. |
| EXHIBIT P4 | A TRUE COPY OF THE LETTER NUMBER EICL/LNG/2021/2015, DATED 25.02.2021. |
| EXHIBIT P5 | A TRUE COPY OF THE LETTER, CONSTITUTING THE CERTIFICATE OF NO-OBJECTION, NUMBERED AS PNGRB/MONITORING/7 MISC-CONSUMER/(6)/2018 DATED 10.03.2021. |
| EXHIBIT P6 | A TRUE COPY OF THE CEASE AND DESIST NOTICE DATED 18.03.2021, ISSUED BY THE LEGAL COUNSEL OF THE 4TH RESPONDENT. |
| EXHIBIT P7 | A TRUE COPY OF THE REPLY TO EXT.P6 NOTICE, DATED 29.04.2021, ISSUED BY THE LEGAL COUNSEL OF THE PETITIONER. |
| EXHIBIT P8 | A TRUE COPY OF THE LTA DATED 03.11.2021 ENTERED INTO BETWEEN THE PETITIONER AND THE 3RD RESPONDENT FOR THE SUPPLY OF LNG. |
| EXHIBIT P9 | A TRUE COPY OF THE WITHDRAWAL LETTER ISSUED BY THE 2ND RESPONDENT AND NUMBERED AS PNGRB/MONITORING/7/MISC-CONSUMER/(11)/2018-VOL(4), DATED 11.01.2022. |
| EXHIBIT P10 | A TRUE COPY OF THE EMAIL DATED 04.02.2022, SENT BY AN OFFICER OF THE 3RD RESPONDENT HEREIN. |
| EXHIBIT P11 | A TRUE COPY OF THE REPRESENTATION DATED 05.02.2022, PLACED BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P12 | A TRUE COPY OF THE REPRESENTATION PLACED BEFORE THE BOARD, DATED 16.02.2022. |
| RESPONDENTS EXHIBITS: | |
| EXHIBIT R4(A) | TRUE COPY OF ORDER DATED 10.01.2022 PASSED BY THE HON’BLE HIGH COURT OF DELHI IN WPC 5283/2021 |
| EXHIBIT R4(B) | TRUE COPY OF THE MODIFIED ORDER DATED 20.01.2022 PASSED BY THE HON’BLE HIGH COURT OF DELHI IN WPC 5283/2021 |
TRUE COPY
P.A TO JUDGE
EICL LIMITED
UNION OF INDIA
PETROLEUM AND NATURAL GAS REGULATORY BOARD
GAIL (INDIA) LIMITED
AGP CITY GAS PRIVATE LIMITED
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
