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2022 Supreme(Online)(KER) 12101

HIGH COURT OF KERALA
EICL LIMITED – Appellant
Versus
UNION OF INDIA – Respondent
WP(C)/6666/2022



A writ petition can be closed while preserving the rights of parties to pursue future legal remedies.

Headnote:

Petroleum - Writ Petition - Natural Gas Regulations - Summary of the legal provisions under the Natural Gas Regulatory Board indicating the closing of the writ petition while preserving parties' rights for future remedies.

Fact of the Case:

The court addressed a writ petition concerning an order passed by the Petroleum and Natural Gas Regulatory Board during its proceedings.

Finding of the Court:

The court concluded that due to subsequent developments, the writ petition would be closed but allowed parties to seek appropriate remedies in the future.

Issues: Whether to close the writ petition based on recent developments while preserving parties' rights for seeking remedies.

Ratio Decidendi: The court highlighted the importance of maintaining the rights of all parties involved in the proceedings, despite closing the petition.

Final Decision: The writ petition is closed, leaving open the rights of all parties to seek appropriate remedy.

JUDGMENT

Dated this the 13th day of June, 2022 Learned Standing Counsel submitted that, pending this writ petition, an order was passed by the Petroleum and Natural Gas Regulatory Board.

In view of the subsequent development, the writ petition is closed, leaving open the petitioner’s right to seek appropriate remedy.

Sd/- V.G.ARUN JUDGE NB/13-6 The second paragraph of the judgment “In view of this subsequent development, the writ petition is closed, leaving open the petitioner’s right to seek appropriate remedy” in W.P.(C.)No.6666/2022 dated 13.06.2022 stands corrected as “The writ petition is closed leaving open the rights of all the parties to seek appropriate remedy. All issues raised in this writ petition are left open” as per order dated 24.06.2022 in IA No.2/2022 in W.P.(C.)No.6666/2022.

Sd/- JOINT REGISTRAR APPENDIX OF WP(C) 6666/2022 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE AUTHORIZATION LETTER DATED

29.03.2019 ISSUED BY THE PETROLEUM AND NATURAL GAS REGULATORY BOARD TO THE 4TH RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE RELEVANT PORTIONS OF NATURAL GAS REGULATOR BOARD (AUTHORIZING ENTITIES TO LAY, BUILD, OPERATE OR EXPAND CITY OR LOCAL NATURAL GAS DISTRIBUTION NETWORKS) REGULATIONS, 2008 DATED

19.03.2008.

EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 05.01.2021, REQUESTING THE BOARD TO PERMIT THE PETITIONER TO SOURCE FUEL FROM ALTERNATE SOURCES UNTIL SUCH TIME THAT THE AUTHORIZED ENTITY CONSTRUCTS REQUISITE INFRASTRUCTURE.

EXHIBIT P4 A TRUE COPY OF THE LETTER NUMBER EICL/LNG/2021/2015, DATED 25.02.2021.

EXHIBIT P5 A TRUE COPY OF THE LETTER, CONSTITUTING THE CERTIFICATE OF NO-OBJECTION, NUMBERED AS PNGRB/MONITORING/7 MISC-CONSUMER/(6)/2018 DATED

10.03.2021.

EXHIBIT P6 A TRUE COPY OF THE CEASE AND DESIST NOTICE DATED

18.03.2021, ISSUED BY THE LEGAL COUNSEL OF THE 4TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE REPLY TO EXT.P6 NOTICE, DATED

29.04.2021, ISSUED BY THE LEGAL COUNSEL OF THE PETITIONER.

EXHIBIT P8 A TRUE COPY OF THE LTA DATED 03.11.2021 ENTERED INTO BETWEEN THE PETITIONER AND THE 3RD RESPONDENT FOR THE SUPPLY OF LNG.

EXHIBIT P9 A TRUE COPY OF THE WITHDRAWAL LETTER ISSUED BY THE

2ND RESPONDENT AND NUMBERED AS PNGRB/MONITORING/7/MISC-CONSUMER/(11)/2018-VOL(4), DATED 11.01.2022.

EXHIBIT P10 A TRUE COPY OF THE EMAIL DATED 04.02.2022, SENT BY AN OFFICER OF THE 3RD RESPONDENT HEREIN.

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED 05.02.2022, PLACED BEFORE THE 3RD RESPONDENT.

EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION PLACED BEFORE THE BOARD, DATED 16.02.2022.

RESPONDENTS EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF ORDER DATED 10.01.2022 PASSED BY THE HON’BLE HIGH COURT OF DELHI IN WPC 5283/2021 EXHIBIT R4(B) TRUE COPY OF THE MODIFIED ORDER DATED 20.01.2022 PASSED BY THE HON’BLE HIGH COURT OF DELHI IN WPC

5283/2021 TRUE COPY P.A TO JUDGE

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