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2023 Supreme(Del) 5569

NEENA BANSAL KRISHNA
Arcelormittal Nippon Steel India Limited – Appellant
Versus
Gail (India) Limited – Respondent


Advocates appeared:
Mr. Mukul Rohatgi, Dr. A.M. Singhvi, Mr. Rajiv Nayyar, Senior Advocates with Mr. Nitesh Jain, Mr. Rajat Jariwal, Mr. Atul Jain, Mr. Hridhay Khurana, Ms. Prerna Singh & Ms. Sanjana Mehta, Advocates, for the Petitioner.
Mr. Balbir Singh, ASG, Mr. Vivek Kholi, Senior Advocate with Mr. Susmit Pushkar, Mr. Kartikay Mahajan, Ms. Somiran Sharma, Mr. Bhavya Bhatia, Mr. Juvas Rawal, Mr. Raj Mohan Gupta, Ms. Prerna Jain, Mr. Satit Chhabra, Ms. Aayushi Singh, Ms. Aadya Malik & Mr. Dhrubajit Saibia, Advocates & Mr. Bhuwan Yadav & Mr. Deepak Barish, Representatives of GAIL.

JUDGMENT

Neena Bansal Krishna, J. - A petition under Section 9 of the Arbitration & Conciliation Act, 1996 has been filed on behalf of the petitioner seeking urgent interim stay on the Notice dated 21st October, 2023 issued by the respondent purportedly to terminate the Contract and to restrain the respondent from acting on the said Notice in addition to directing the respondent to deliver LNG in accordance with the terms of LNG Sale and Purchase Agreement.

2. The petitioner, a Public unlisted Company having its registered Office at Bandra, Mumbai is a leading manufacturer of steel and has its main operations in largest plant in Hazira, Surat for manufacturing integrated flat carbon steel.

3. The respondent a government Company registered at New Delhi, is primarily engaged in the distribution and marketing of gas and other aspects of gas chain including exploration, production, transmission, sourcing, extraction, processing of natural gas and related process, products and services.

4. The parties entered into a LNG Sale and Purchase Agreement dated 02.06.2022 (LSPA) to secure the supply of LNG at the petitioner's steel manufacturing plant. Pursuant to LSPA, the parties executed a Term

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