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2008 Supreme(Guj) 490

Y.R.MEENA, J.C.UPADHYAYA
Gas Authority India Ltd. – Appellant
Versus
Indian Petrochemicals Corpn. Ltd – Respondent


Advocates Appeared:
For the Appellant :K.B. Trivedi, Sr. Advocate For M/s Trivedi And Gupta, Advocates.
For the Respondents:K.S. Nanavati, Sr. Advocate For Nanavati Associates.

JUDGMENT :

J.C. Upadhyaya, J.

LPA No.1622/2006 is directed against the impugned order dated 19.09.2006 passed by the learned Single Judge in Special Civil Application No.4887/2006, and LPA No.1012/2007 is directed against the impugned order dated 11.04.2007 passed by the learned Single Judge in Misc.Civil Application - for direction No.270/2007 in Special Civil Application NO.4887/2006. In both these appeals, appellants herein are original S. No.2 & 3 in Special Civil Application No.4887/2006, and the S. No. 2 & 3 herein are original petitioners, and No.3 herein is original No.1 in the aforesaid petition.

2. The S. No. 1 & 2 herein in both the appeals who are original petitioners in the petition (Indian Petrochemicals Corporation Ltd. for convenience referred to as 'IPCL') filed the petition before the learned Single Judge under Article 226 of the Constitution of India, whereby they had challenged the action of the appellants herein, who were S. No.2 & 3 in the petition (Gas Authority of India Ltd. for convenience referred to as 'GAIL') for incorporating clause in contract to pay transportation charges as the same is contrary to Government pricing orders dated 30.01.1987, 31.12.1991,

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