ManagementSC notice on Govt plea on gas dispute; hearing on Sep 1
The Supreme Court today sent the Ambani brothers’ cross appeals against the Bombay high court judgment to a three-judge bench to be constituted by September 1, which indicates that there would be no early decision on the myriad questions raided by the parties.
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The two-judge bench headed by Chief Justice K G Balakrishnan issued notice on the special leave petition moved by the central government, though lawyers for Anil Ambani-owned RNRL bitterly opposed it. They argued that the government was only an intervener in the high court and it withdrew midway during the hearing there when a government official was sought to be cross-examined.
Moreover, said lawyer-politician Ram Jethmalani, the oil ministry was “in the pocket” of the respondent (RIL). This led to some repartees on what was in whose pocket.
Additional Solicitor General Mohan Parasaran justified the government’s appeal on the ground that it was “deeply aggrieved” by the order of the High Court.
The Chief Justice remarked at the start of the hearing that the petitions should be heard by a larger bench in view of the issues raised. After consulting the lawyers representing the parties September 1 was selected.
Counsel Mukul Rohtagi for RNRL submitted that though the high court had given a judgment in its favour on all points, like the price, the quantity and the 17-year-period, it could not enjoy the fruit of the judgment because of the appeals. He also opposed the intervention of several consumers like power and fertiliser companies. The power companies pleaded that their business would be affected if they are caught between the warring brothers. The court allowed their intervention and asked all the parties to file their statments.
Counsel Harish Salve for RIL asked the court to make it clear that the present arrangement on the gas supply would continue. The Chief Justice only replied that “we are not making any order.” Salve provided a list of all parties before the court for its assistance.
The Chief Justice now has to constitute a new bench for hearing the numerous parties before the court. Since there are several high profile companies, all of them will have to be heard from September 1 and a reasoned judgment has to be written. Thus the final decision is unlikely before the year-end.