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2013 Supreme(Mad) 3598

V.RAMASUBRAMANIAN
M. S. Jain, Proprietor, Silicate India, Kilpauk – Appellant
Versus
GAIL (India) Ltd. , Represented by its Zonal General Manager, T. Nagar – Respondent


Advocate Appeared:
For the Applicant:P.S. Raman, Senior Counsel for T. Sai Krishnan, Advocates.
For the Respondents:M. Ajmalkhan, Senior Counsel for M/s. Ajamal Associates, Advocates.

Judgment :

Under one agreement dated 16.11.1993, the Gas Authority of India Limited (GAIL), which is the respondent in the main original application, agreed to supply to a company by name Pondy Chem Pvt. Ltd., 3000 standard cubic meters per day of gas, for the plant of the purchaser located at Karaikkal in the Union Territory of Pondicherry. By another agreement dated 21.07.1994, GAIL agreed to supply to a proprietary concern by name Silicate India, a similar quantity of 3000 standard cubic meters per day of gas. Since Pondy Chem Pvt. Ltd., and the proprietary concern Silicate India, were admittedly under the same management, the Gas Authority of India Limited (GAIL) entered into a supplementary agreement dated 21.07.1994 in common, with both the purchasers, agreeing to supply gas to both companies through a common meter installed at the plant of Pondy Chem Pvt. Ltd., The supplementary agreement provided that the total gas supplied and measured through common meter, could be divided into two equal parts and the purchasers under both agreements should share the same.

2. It appears that the original contracts expired and the parties entered into another contract on 27.12.1997, which


































































































































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