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Delhi High Court - Orders

Gujarat Gas Limited vs Vedanta Limited & Ors on 28 April, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~51
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      O.M.P.(I) (COMM.) 125/2022 & I.A.6159/2022
                                 GUJARAT GAS LIMITED                             ..... Petitioner
                                                Through: Mr. Parag P. Tripathi, Sr. Advocate
                                                            with Mr. Piyush Joshi, Mr. Srinivasan
                                                            Ramaswamy, Ms. Vatsla Bhatia &
                                                            Ms. Manali Joshi, Advocates.
                                                versus
                                 VEDANTA LIMITED & ORS.                     ..... Respondents
                                              Through: Mr. Kapil Sibal, Sr. Advocate with
                                                        Mr. Sandeep Sethi, Sr. Advocate with
                                                        Ms. Ranjana Roy Gawai, Ms.Vasudha
                                                        Sen & Ms. Aayushi Singh,
                                                        Advocates.
                                                        Mr. Jafar Alam & Mr. Saahil Kaul,
                                                        Advocates for R-4.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 28.04.2022 I.A.6160/2022 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed of.

O.M.P.(I) (COMM.) 125/2022 By way of the present petition filed under section 9 of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks interim measures of protection essentially arising from the Right of First Refusal (RoFR) stated to be available to the petitioner under the Master Gas Sales Contract dated 30.05.2001.

Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 125/2022 Page 1 of 2 By:SUNITA RAWAT Signing Date:30.04.2022 16:53:52

2. Learned counsel are present on behalf of respondent No.1 and respondent No. 4.

3. For the record, respondent No. 1 is the main contesting respondent in the matter.

4. The court has heard Mr. Parag P. Tripathi, learned senior counsel appearing on behalf of the petitioner; and also Mr. Kapil Sibal, learned senior counsel appearing on behalf of respondent No. 1.

5. The record shows that a caveat application, though filed specifically against a petition under section 9 of the A & C Act appears to have been inadvertently titled as a caveat in an "Arb. P.", whereby it is not presently on record. Such technical defect notwithstanding and considering the nature of the disputes, this court has heard the main contesting respondent in the matter, at the pre-notice stage.

6. Without issuing notice, respondent No. 1 is directed to place on record a brief affidavit setting-out the steps that have been taken consequent to issuance of the Request For Proposal, as alluded to by Mr. Sibal during the course of his submissions, within 03 days.

7. Arguments have been concluded.

8. Judgment is reserved.

ANUP JAIRAM BHAMBHANI, J.

APRIL 28, 2022/uj Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 125/2022 Page 2 of 2 By:SUNITA RAWAT Signing Date:30.04.2022 16:53:52