Supreme Court of India
M/s. Gail (india) Limited v. M/s. Indian Petrochemicals Corp. Ltd. & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the refund should be restricted to a period of three years prior to the date of the filing of the writ petition on account of IPCL’s delay in approaching the court.
Judgment, page 13
From the headnote
Constitution of India – Arts. 226, 12, 14 – Commercial Contract – Unequal bargaining power – Maintainability of writ petition – Ministry of Petroleum and Natural Gas issued a letter for allo cation of natural gas to IPCL (formerly a PSU) – IPCL ente red into a contract with GAIL for supply of natural gas – As per the al location terms, IPCL had to lay down its own pipelines and those pipe lines alone were utilised for carrying gas – IPCL laid down p ipelines – However, GAIL levied charge for ‘loss of transportat ion charges’ in terms of the contract – Clauses of the contract levying such
Authorities it was built on
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