MANKHOWA TEA COMPANY Vs. ASSAM GAS COMPANY LIMITED
HIGH COURT OF GAUHATI
Mankhowa 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) 29/2016 in Title Suit No. 22/2016, thereby granting conditional injunction. With the consent of both sides, this appeal was heard along with the accompanying I.A.(Civil) No. 2296/2018.
(3.) Bereft of the details, it would be sufficient to mention here that by virtue of an agreement dated 24.10.2009 w.e.f. 28.04.2009 to 27.04.2014, the appellant, who is consumer of piped natural gas for its tea factory had booked for the supply of piped natural gas of 1090.080 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. On 23.03.2015, another agreement w.e.f. 28.04.2014 to 27.04.2019 was entered between the parties, wherein the booked quantity of piped natural gas was 1090.080 SCUM per annum, or 0.514 SCUM gas per day or 0.022 SCUM gas per hour (figure in 1000 SCUM).;
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