GAIL (INDIA) LTD. Vs. PETROLEUM AND NATURAL GAS REGULATORY BOARD & ORS.
LAWS(SC)-2016-1-26
SUPREME COURT OF INDIA
Decided on January 13,2016

Gail (India) Ltd. Appellant
VERSUS
Petroleum And Natural Gas Regulatory Board And Ors. Respondents

JUDGEMENT

- (1.) The main issue raised in this appeal is whether the denial of access to common carrier capacity on reasonable endeavor basis to the two pipelines laid by the appellant to the second respondent, is discreminatory and amounting to Restrictive Trade Practices or not. In the nature of the order we are required to pass in this case, it is unnecessary to go in detail to the factual matrix.
(2.) The issue arises under the Petroleum and Natural Gas Regulatory Board (Authorising entities to lay, build, operate or expand natural gas pipeline) Regulations, 2008 and Petroleum and Natural Gas Regulatory Board (Guiding Principles for Declaring or Authorising Natural Gas Pipeline as Common Carrier or Contract Carrier) Regulations, 2009.
(3.) In terms of the Regulations, the appellant published the available common carrier capacity for the prospective contracting by any third party.;


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