NTPC LTD Vs. RELIANCE INDUSTRIES LTD

JUDGEMENT

(1.) By this chamber summons, defendant seeks an order and direction against the plaintiff to disclose on oath and give inspection and copies of the documents listed in the schedule appended to the chamber summons. Some of the relevant facts which emerge from the pleadings filed by both parties and which are relevant for the purpose of deciding this chamber summons are as under :-

(2.) Pursuant to the bids invited by the plaintiff for supply of natural gas to power plants at Kawas at Jhanor Gandhar, defendant, on 14th May 2004 the defendant confirmed that the defendant had perused the RFP documents and various amendments issued by the plaintiff and confirmed its unconditional acceptance to all provisions of the RFP document read with amendments in totality.

(3.) By letter dated 16th June 2004 the plaintiff issued a Letter of Intent in favour of the defendant conveying its acceptance to the proposal including financial and supplementary financial proposal submitted by the defendant. In the said Letter of Intent, it was provided that the defendant shall prepare and finalise the documents for signing of the Gas Sale and Purchase Agreement (GSPA) and shall enter into the said GSPA with the plaintiff as per proforma enclosed to the bidding document within 30 days from the date of said Letter of Intent. It was further provided that the terms and conditions of all the provisions such as scope, commencement of obligations, duration, build up period and delay in first delivery, quantities, quality, taxes, invoicing and payment etc. shall be governed by the GSPA to be entered into between the plaintiff and the defendant. The plaintiff requested the defendant to return its duplicate copy duly signed and stamped as a proof of its acknowledgment and confirmation.