SAHELI EXPORTS PVT. LTD. Vs. GAIL (INDIA) LIMITED

JUDGEMENT

(1.) This application is filed under section 9 of the Arbitration and Conciliation Act 1996, seeking for an order of interim injunction restraining the respondent from issuing/raising any supplementary invoice/debit notes on the applicant based on the take or pay clause in the GSTA for the duration when the applicant was unable to lift gas on account of the applicant having to shut down its plant or reduce generation at its plant on account of the instructions issued by the SLDC to the applicant to reduce/stop generation of power at the applicant's power plant pending the arbitration proceedings. The case of the applicant is as follows:

(2.) The respondent filed a counter affidavit wherein it is stated as follows:

(3.) A rejoinder is filed by the applicant wherein it is stated as follows: