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2015 Supreme(Del) 937

VIBHU BAKHRU
Deepak Fertilizers & Petrochemicals Corporation Limited – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Dr. A.M. Singhvi, Sr. Advocate, Rishi Agrawala, Karan Luthra, Advocates.
For the Respondents:R1 & R2, Sanjay Jain, ASG, Vikram Jetly, CGSC, Vidur Mohan, Vishnu Sharma, K.R. Sasiprabhu for RGTIL, Advocates.

Judgment

1. The petitioner company is engaged in the business of manufacturing of complex fertilizers, i.e. Phosphatic & Potash (P&K) fertilizers, by using natural gas being supplied to the petitioner company from various domestic sources. Initially, the petitioner was allocated 0.6 mmscmd of natural gas from oil fields of ONGC, Tapti Basin and Pana-Mukta and on 27.10.2009, the Empowered Group of Ministers (hereafter ‘EGoM’) further allocated 0.178 mmscmd of natural gas to the petitioner from KG-D6 Basin. The petitioner has filed the present petition, inter alia, challenging a letter dated 01.05.2014 of the Department of Fertilizers (hereafter ‘DoF’) and a letter dated 13.05.2014 of the Ministry of Petroleum and Natural Gas (hereafter ‘MoPNG’) directing that the supply of gas to the petitioner be discontinued and diverted to urea manufacturing units facing shortfall of natural gas. The petitioner has also challenged an Office Memorandum dated 06.01.2014, issued by DoF, seeking recovery of undue benefits from the petitioner on account of use of cheap domestic gas in the production of complex fertilizers. The letters dated 01.05.2014 and 13.05.2014 are hereafter also referred to as im





























































































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