M.KARPAGA VINAYAGAM, J. - (1.) GAIL (India) Limited is the Appellant in Appeal No.5/2012.
(2.) THE Gujarat State Petroleum Corporation Limited is the Respondent. It filed a complaint under Section 12(1) a read with Section 12(b)(v) read with Section 13(1) g of the Petroleum Natural Gas Regulatory Board Act,2006, ( 3 Petroleum Board Act) against GAIL in relation to the restrictive trade practice and other violations of the Petroleum Board Act in the supply of Re -gasified liquefied natural gas from Dahej LNG Terminal.
(3.) AFTER hearing the parties, the Petroleum Board allowed the complaint filed by the Gujarat State Petroleum Corporation Limited, the Respondent, and gave following directions. a) GAIL and its companies have to allow the Gujarat State Petroleum Corporation Ltd. to take delivery from the Petroleum Corporation Ltd. "Delivery point" instead of compelling them to take delivery from the "Delivery point" of the Appellant. b) The GAIL(Appellant) is not entitled to any inter connectivity charges from 4.4.2011 i.e. the date of the complaint filed by the Petroleum Corporation Ltd. c) The Petroleum Corporation, the Respondent shall pay to GAIL(Appellant), the first zone tariff under 4 the gas supply agreement from 20.11.2008 to 4.4.2011 and out of this amount, GAIL has to deposit 50 per cent of the amount with the Board for being utilised for the viability gaps in the pipeline to be built in uneconomic regions. No payment shall be made by the Petroleum Corporation Ltd., to the GAIL beyond the date of 4.4.2011. d) The GAIL and other companies are directed to desist from restricting Petroleum Corporation Ltd., for direct connectivity on the ground that contractual provisions under the gas sales agreement. Aggrieved by the above decision containing the above directions taken by the Board, GAIL, the Appellant has filed this present Appeal No.5 of 2012. Pending the Appeal, the Appellant sought for interim stay of implementation of the impugned decision taken by the Board in I.A.No.4 of 2012. 5;