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2020 Supreme(SC) 169

D.Y.CHANDRACHUD, HEMANT GUPTA
Adani Gas Limited – Appellant
Versus
Petroleum and Natural Gas Regulatory Board – Respondent


Advocates appeared:
For the Appellant(s) :Mahesh Agarwal, Aanchal Mullick, Deepika Kalia, Shubham Kulshreshtha, E. C. Agrawala, Nitin Kalra, Pukhrambam Ramesh Kumar, Rohan Sareen, Gaurav Mitra, Anupama Ngangom, Karun Sharma, Gaurav Juneja, Divyanshu, Aayush Jain, Sanjeev Kumar, for M/S. Khaitan & Co. By Courts Motion Divya Roy, Advocates
For the Respondent(s):Utkarsh Sharma, Mahesh Agarwal, Aanchal Mullick, Deepika Kalia, Shubham Kulshreshtha, E. C. Agrawala, Harpreet Singh Ajmani, Gaurav Juneja, Divyanshu, Aayush Jain, Sanjeev Kumar, for M/S. Khaitan & Co. Pukhrambam Ramesh Kumar, Divya Roy, Advocates

JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J.

1. In 2018 the Petroleum and Natural Gas Regulatory Board, [“the Board”] conducted the ninth round of bidding for City or Local Natural Gas Distribution Networks, [“CGD Networks”]. On 14 September 2018, a press release was placed on the Board‘s website notifying details of the successful bidders in various Geographical Areas, [“Gas”]. The contest in the present batch of appeals has arisen over the grant of authorisation for laying, building, operating or expanding CGD networks in the following GAs:

    (i) GA 51 - Puducherry District;

    (ii) GA 61 - Kanchipuram District; and

    (iii) GA 62 - Chennai & Tiruvallur Districts.

2. The Appellate Tribunal for Electricity, [“APTEL” or “Tribunal”] was seized of two appeals – Appeal No. 292 of 2018, instituted by Adani Gas Limited and Appeal No. 323 of 2018, instituted by IMC Limited. These appeals were instituted before the APTEL under Section 30(1) of the Petroleum and Natural Gas Regulatory Board Act 2006, [“PNGRB Act”]. By their separate judgments dated 28 February 2019, the Chairperson and Member Te


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