B.N.KIRPAL, N.S.HEGDE
O. N. G. C. – Appellant
Versus
Asson. Of Natural Gas Consuming Inds – Respondent
JUDGMENT
Kirpal, J.-The only question which arises for consideration in these applications filed by the Oil & Natural Gas Commission (for short "ONGC") relates to the demand of interest from the respondents subsequent to the appeal with regard to fixation of price of natural gas having been decided by this Court.
2. Briefly stated the facts are that the respondents had entered into agreements with the applicant whereby they had agreed to take natural gas from the applicant for the purpose of the industries run by them. It is hot in dispute that there were written contracts executed between the applicant on the one hand and the various companies, namely, the respondents on the other. The agreements, in question, have stipulated the price payable and also contained terms inter alia to the effect as to when the payment would be made and, in the event of failure to make the payment, the rate of interest which would be paid. This was provided in clauses similar to Clause 5.01 read with Clause 5.02 which read as follows:
"5.01 The SELLER shall issue and send to the BUYER invoices covering the total quantity of GAS delivered hereunder by the SELLER during each month for payment.
Agricultural and Processed Food Products v. Oswal Agro Furane & Ors.
Kerala State Electricity Board v. MRF Ltd. (1996) 1 SCC 597. (Para 12)
Gursharan Singh & Ors. v. NDMC & Ors. (1996) 2 SCC 459. (Para 12)
Kanoria Chemicals & Industries Ltd. & Ors. v. U.P.S.E.B. & Ors.
Calcutta Jute Manufacturing Co. & Anr. v. Commercial Tax Officer & Ors.
Kartar Singh alias Naranjan Singh & Ors. v. State of Punjab (1995) 4 SCC 101. (Para 12)
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