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2014 Supreme(Bom) 440

R.D.DHANUKA
NTPC Limited (formerly National Thermal Power Corporation) Limited – Appellant
Versus
Reliance Industries Limited – Respondent


Advocate Appeared:
For the Plaintiff:Ravi Kadam, Senior Advocate, a/w. D.D.Madan, Senior Advocate, a/w.
V.R. Dhond, Senior Advocate, a/w. S.V. Doijode, Rashne Mulla – Feroze, i/b. Doijode & Associates, Advocates. For the Defendant:Dr. Milind Sathe, Senior Advocate, a/w. Rishit Badiyani, i/b. Junnarkar & Associates, Advocates.

Judgment :

1. By this chamber summons, defendant seeks an order and direction against the plaintiff to disclose on oath and give inspection and copies of the documents listed in the schedule appended to the chamber summons. Some of the relevant facts which emerge from the pleadings filed by both parties and which are relevant for the purpose of deciding this chamber summons are as under :-

2. Pursuant to the bids invited by the plaintiff for supply of natural gas to power plants at Kawas at Jhanor – Gandhar, defendant, on 14th May 2004 the defendant confirmed that the defendant had perused the RFP documents and various amendments issued by the plaintiff and confirmed its unconditional acceptance to all provisions of the RFP document read with amendments in totality. The defendant submitted its bid document.

3. By letter dated 16th June 2004 the plaintiff issued a Letter of Intent in favour of the defendant conveying its acceptance to the proposal including financial and supplementary financial proposal submitted by the defendant. In the said Letter of Intent, it was provided that the defendant shall prepare and finalise the documents for signing of the Gas Sale and Purchase Agreeme
































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