Union Of India Ministry Of Petroleum And ... vs Hardy Exploration And Production ... on 25 September, 2018
Equivalent citations: AIR 2018 SUPREME COURT ... APPEAL NO. 4628 OF 2018
Union of India …Appellant(s)
VERSUS
Hardy Exploration and Production …Respondent(s)
(India) INC
JUDGMENT
Dipak Misra, CJI
The present
Union Of India vs Hardy Exploration And Production ... on 1 May, 2018
Equivalent citations: AIRONLINE 2018 SC 1102
Author: Abhay Manohar Sapre
Bench: Abhay Manohar ... 31356 of 2016]
Union of India .. Appellant(s)
Versus
Hardy Exploration and Production
(India) INC .. Respondent(s)
JUDGMENT
Abhay Manohar Sapre, J.
1) Leave granted
decision in the case of Union of India v. Hardy Exploration and
Production (India) INC (2018) 7 SCC 374, the learned counsel for
the petitioner ... Soma, the Bench held
that the judgment in Hardy Exploration is contrary to the decision of
the Constitution Bench judgment of this Court in Bharat
result of the confusion
caused by judgments such as Hardy Exploration and Production
(India) Inc. (supra) that the impugned judgment has arrived at the
wrong ... confusion should be re-
moved, and exhorted us to declare that Hardy Exploration and Pro-
duction (India) Inc. (supra) was not correctly decided, being contrary
Limited and
others ( 2017) 7 SCC 678, Union of India v. Hardy Exploration
and Production (India) Inc. (2018) 7 SCC 374 and other
judgments
refers to decision of this Court in
Union of India v. Hardy Exploration and Production (India)
Inc.,19 which had held that the choice ... concomitant”. According to BGS SGS Soma (supra), the
reasoning given in Hardy Exploration (supra) is per incuriam as it
contradicts the ratio and law laid
Arbitral Tribunal.
16
44. In Union of India v. Hardy Exploration and Production (India) Inc. 6
a three Judge Bench of this Court held that
Single Judge of
the Gujarat High Court in Hardy Oil and Gas Limited v. Hindustan Oil
Exploration Company Limited and others ... Hardy Oil and Gas Limited, Netherland B.V. (Hardy),
Infrastructure Leasing and Financial Services Limited, Housing
Development Finance Corporation Limited and Hindustan Oil Exploration
Company
Harmony Innovation Shipping Ltd vs Gupta Coal India Ltd. And Anr on 10 March, 2015
Dera.
In the first instance Shri Hardayal Hardy, learned
Counsel for the appellant invited us to explore the evidence
and the case law to find