POOJA GLASS WORKS PRIVATE LTD Vs. UNION OF INDIA
LAWS(ALL)-2010-1-99
HIGH COURT OF ALLAHABAD
Decided on January 07,2010

POOJA GLASS WORKS PRIVATE LTD. Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Amitava Lala, J. - (1.) The aforesaid writ petitions have been filed praying interallia as follows : "(a) issue a writ, order or direction in the nature of certiorari calling for the records and quashing the policy condition of refusal to contract with the cases of alleged tempering of metering skids and due consideration of the same only upon liquidation of 100% of the dues. (b) issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to issue side letter to the petitioner as is being issued to other similarly situated industrial units at Firozabad. (c) issue a writ, order or direction in the nature of mandamus commanding the respondents to sign Gas Supply Contract with the petitioner of R-LNG gas on firm basis. (d) issue a writ, order or direction in the nature of prohibition restraining the respondents from supplying R-LNG gas on fallback basis to any other consumer to the extent of the eligibility of the petitioner. (e) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (f) Allow this petition with costs."
(2.) Mr. Manish Goyal, learned Counsel appearing for the petitioners has contended before this Court that the respective petitioners have entered into a contract with GAIL (India) Limited (hereinafter called as the GAIL) for the purpose of supplying Administered Price Mechanism (APM) gas and they are applicant to get supply of R-LNG to the extent of 25% of their existing contracted quantity on the basis of the policy decision made by the Company itself but in executing such contract two conditions have been imposed by the GAIL as follows : "(i) Tampering cases to be considered only after liquidation of 100% dues, and (ii) In cases where the issue regarding revision in quantity is pending in Courts/arbitration, such requests may not be considered till the cases are subjudice."
(3.) Mr. Goyal has contended before us that these two conditions which are imposed herein are unreasonable, irrational and opposed to public policy so far as judicial review is concerned and so far as contractual obligation is concerned they are amenable to the writ jurisdiction of this Court and accordingly, they invoked such jurisdiction to get appropriate order.;


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