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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