SEGUNBARI TEA COMPANY Vs. ASSAM GAS COMPANY LIMITED
HIGH COURT OF GAUHATI
Segunbari Tea Company
ASSAM GAS COMPANY LIMITED
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Kalyan Rai Surana, J. -
(1.) Heard Mr. B. Dutta, learned counsel for the appellant as well as Mr. K. H. Choudhury, learned senior counsel assisted by Mr. S. Muktar, learned counsel for the respondent/caveator.
(2.) By this appeal under Order 43 Rule 1(r) CPC, the appellant has challenged the order dated 25.05.2018 passed by the learned Civil Judge, Dibrugarh in Misc. (J) 28/2016 in Title Suit No. 21/2016, thereby granting conditional injunction. With the consent of both sides, this appeal was heard along with the accompanying I.A.(Civil) No. 2294/2018.
(3.) Bereft of the details, it would be sufficient to mention here that by virtue of an agreement dated 12.05.2005, the appellant, who is consumer of piped natural gas for its tea factory had booked for the supply of piped natural gas of 164.000 SCUM per annum from the respondent, who is the transporter of pipe natural gas, which is being supplied in this case from the Oil India Ltd. The agreement dated 12.05.2005 for such supply expired on 11.05.2010. On 04.03.2015 another agreement w.e.f. 12.05.2010 to 11.05.2015 was entered between the parties, wherein the booked quantity of piped natural gas was 164.000 SCUM per annum, or 0.449 SCUM per day or 0.019 SCUM per hour (figure in 1000 SCUM).;
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