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SCA/2899/2000 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2899 of 2000
=========================================================
CYANIDES
AND CHEMICALS CO BY ITS PROPRIETOR, - Petitioner(s)
Versus
ONGC
LTD, MARKETING SECTION & 4 - Respondent(s)
=========================================================
Appearance
:
MR
KH KAJI for
Petitioner(s) : 1,
M/S TRIVEDI & GUPTA for Respondent(s) :
1,
RULE SERVED for Respondent(s) : 2 - 4.
MR SANJAY A MEHTA for
Respondent(s) : 3,
RULE UNSERVED for Respondent(s) :
5,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 18/11/2010
ORAL
ORDER
Counsel
for the petitioner submitted that the petitioner company presently
receives approximately 15000 metric tons of gas per day from ONGC and
GAIL. Respondent No.5 company which was previously alloted additional
quantity of 8000 metric tons of gas has since long being shut down.
Such additional quantity is not being utilised by any other company.
Counsel
for the ONGC however, submitted that the factory of the petitioner is
situated within 2 kms of Olpad Group Gathering Station (GGS) as per
note-A to the advertisement dated 4.2.2000 calling for bids.
Therefore, the petitioner would not be qualified to bid for
allocation of gas for safety reasons.
Prima
facie, I fail to see how the petitioner’s operations in its factory
can continue for years together receiving regularly gas from the
respondents and at the same time when question of considering supply
of additional gas comes, its location is perceived as hazardous.
Respondent no.1 ONGC shall file additional affidavit explaining above
aspects of the matter as also stating the latest position with
respect to status of respondent no.5 company as well as about the
availability of additional gas for release from the Olpad GGS.
SO
to 2.12.2010.
(Akil
Kureshi,J.)
(raghu)
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