A bench headed by Chief Justice K G Balakrishnan said, ‘’the petition is dismissed and trial (before the High Court) may be completed expeditiously.”
Solicitor General Gopal Subramanium appearing for NTPC said the amendment to the written statement submitted before the High Court should not have been allowed at the stage when trial had already started.
RIL lifted the facts from the government affidavit of January 13, 2009 on gas pricing decision by the government filed in another case over price dispute and sought amendment to its written statement.
After the court hearing, RIL Advocate Harish Salve said NTPC has wasted time. ‘’Had it not come to the Supreme Court, the trial of the case would have been half through,’’ he commented on Thursday’s decision. The Bombay High Court in its order on July 30, 2009 permitted RIL to amend the written statement in which it was allowed to give additional information about the sale of gas at $4.2 per mmBtu according to a decision taken by the government on September 12, 2007.NTPC had filed a petition before the Bombay High Court in December 2005 challenging the circular issued to it by RIL.
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