LAWS(DLH)-2012-3-1

UNION OF INDIA Vs. VIDEOCON INDUSTRIES LTD

Decided On March 05, 2012
UNION OF INDIA Appellant
V/S
VIDEOCON INDUSTRIES LTD. Respondents

JUDGEMENT

(1.) By way of present application, an anti-suit injunction is sought by the Plaintiff restraining the Defendant from pursuing Claim No.2009, Folio 1382 filed in the High Court of Justice, Queen's Bench Division, Commercial Court, London. The aforesaid application is filed in a suit for declaration and perpetual injunction instituted by the Plaintiff to restrain the above named Defendant from pursuing the aforesaid claim in London in relation to the issue and matter already finally determined by the Hon'ble Supreme Court of India by its judgment and order dated 11.05.2011 between the parties.

(2.) The chronological factual matrix leading to the institution of the suit in which the present application is instituted is delineated as follows.

(3.) The Union of India, the Plaintiff herein, as the owner of natural resources including petroleum in the territorial waters of India, through the Ministry of Petroleum and Natural Gas, entered into a Production Sharing Contract (hereinafter referred to as "PSC") on October 28, 1994 at New Delhi. The said PSC was executed between the Union of India on the one hand and a consortium of four companies consisting of Oil and Natural Gas Corporation Limited (ONGC), Videocon Petroleum Limited, Command Petroleum (India) Private Limited and Ravva Oil (Singapore) Private Limited in terms of which the consortium was granted an exploration licence and mining lease to explore and produce hydro-carbon resources owned by the plaintiff underlying a Contract Area called 'Ravva Oil and Gas Field' in the Offshore of Andhra Coast owned by the Plaintiff. These companies, including ONGC, are collectively referred to as "the Contractor" in the PSC. Subsequently, Cairn Energy U.K. was substituted in place of Command Petroleum (India) Private Limited and the name of Videocon Petroleum Limited was changed to Petrocon India Limited, which merged with the Defendant herein, i.e., Videocon Industries Limited.