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2008 Supreme(Mad) 2755

S.NAGAMUTHU
MSPL Gases Limited, Represented by its Senior Manger (Sales) – Appellant
Versus
Steel Authority of India Limited Through its Executive Director (Operations) & Others – Respondent


Advocates Appeared:
For the Petitioner:A.L. Somayaji, Senior Counsel, Mrs. Uma Vijayakumar, Advocate.
For the Respondents:R. Krishnamoorthi, Senior Counsel, Jagdeep Dhankar, Senior Counsel, R1 to R3, A. Ilango, R4, K.Harishankar, Habibullah Badsha, Senior Counsel, R5, C.Mani Shankar, Advocate.

Judgment :-

1. By consent, writ petitions are disposed of.

"M/s. Steel Authority of India Limited "(in short SAIL)" is a public sector company and is an integrated iron and steel producer in India. The second respondent "Salem Steel Plant" (in short SSP) is a plant of the first respondent SAIL which manufactures steel and allied products. The third respondent is the Deputy General Manager in charge of Materials Management of SSP. The fourth respondent "INOX" Air Products Ltd. is a Company registered under the Indian Companies Act and is a manufacturer of industrial gases such as oxygen, nitrogen, helium, argon, carbon dioxide, hydrogen etc., The 5th respondent "M.N. Dastur and Company (P) Ltd" is a consulting company of the respondents 1 and 2 that provides engineering consultancy services for projects in the metallurgical and allied industries.

2. The petitioner is also a registered Company under the Indian Companies Act and claims to be one of the largest producers of Industrial gases and medical oxygen in India. It is further claimed by the petitioner that, the petitioner Company is the first of its kind to set up an air separation plant on "Build Own and Operate" (in short BOO)





































































































































































































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