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2. M/s Arkay Energy (Rameswaram) Limited; M/s Coromandel Electric Co. Ltd.; M/s Sahell Exports Pvt. Ltd.; M/s Kaveri Gas Power Ltd.; and M/s OPG Energy Pvt. Ltd. are the five companies, which had entered into Gas Supply Contract (in short “GSC”) with M/s GAIL (India) Limited, https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 11:46:23 am ) on different dates and were procuring gas at the price fixed in terms of Article 10 of the GSC. Further, M/s GAIL (India) Limited as Seller and transporter and the procuring companies as BUYER, for the sale and purchase/transmission of Natural Gas, have entered into Gas Sales and Transmission Agreement (in short “GSTA”) to deal about the manner of deliver, measurement and calibration, billing and payments, price, transmission and marketing cost etc.,

Claim, counter claim and the award of the Aribtrator:

5. M/s Arkay Energy (Rameswaram ) Ltd:

M/s Arkay Energy (Rameswaram) Ltd, before the Arbitral Tribunal, prayed for declarations that the demand under Debit Note No.33, dated 19.12.2011 in respect of gas supplied from 01.07.2005 to 31.12.2010 and from 01.04.2011 to 15.11.2011 are illegal, untenable and unenforceable and for consequential injunctions to restrain M/s GAIL (India) Limited from claiming the difference between APM and non-APM price for the above https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/10/2025 11:46:23 am ) period. In addition, M/s Arkay Energy (Rameswaram) Limited made a claim for refund of Rs.4,67,67,809/- for the period 16.11.2011 till the date of claim statement. In turn, M/s GAIL (India) Limited made a claims for a sum of about Rs.85.55 crore towards the difference between APM price and Non-
APM price and also sought damages of Rs.1 crore with interest.

6. By Award dated 22.06.2014, the Arbitral Tribunal rejected the debit note for the period prior to 01.01.2011 and for the period from 01.01.2011 to 15.11.2011. It upheld M/s GAIL (India) Limited's right to charge the non-APM price from 16.11.2011.

7. Challenging the Arbitral Award, M/s GAIL ( India) Limited filed O.P.No.690 of 2014 against rejection of the claim under debit note. Whereas, M/s Arkay Energy (Rameswaram) Limited filed O.P.No.86 of 2015 with regard to rejection of its claim to continue the supply of natural gas at APM price.

O.S.A. (CAD)No.127 of 2021 and O.S.A.(CAD)No.66 of 2022:

23. As against the order of the Learned Single Judge passed in O.P.No. 690 of 2014. O.S.A.(CAD).127 of 2021 preferred by M/s GAIL (India) Ltd. Along with application Nos:13810 of 2024. O.S.A.No.66 of 2022 is filed by M/s Arkay Energy (Rameswaram) Limited against the order of the Learned Single Judge passed in O.P.No.86 of 2015.