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This is an archive article published on October 21, 2009

SC suggests arbitration in Ambani row

Chief Justice said the two parties could arrive at a suitable arrangement through arbitration.

The Supreme Court on Wednesday asked the Ambani brothers8217; group firms RIL and RNRL why they cannot settle their gas supply dispute through arbitration or mediation.

During hearing of the dispute over supply of gas by RIL to RNRL at USD 2.34 per mmBtu,the bench headed by Chief Justice K G Balakrishnan said the two parties could arrive at a 8220;suitable arrangement8221; through arbitration,as the Bombay High Court that approved the Reliance empire8217;s demerger cannot spell what is the ideal arrangement.

To this,Mukesh Ambani-run RIL,which continued its arguments for the second day today,told the court that it considered the government8217;s gas utilisation and pricing policy as the 8220;suitable arrangement.8221;

Senior counsel Harish Salve also opposed RNRL8217;s plea for dismissing RIL8217;s petition,saying only his client8217;s creditors or members of the Board can challenge maintainability of the petition.

Salve said RNRL was a third party and hence,cannot seek dismissal of RIL8217;s plea. RNRL has also separately challenged the government8217;s petition in the dispute.

The Ambani gas dispute pertains to RNRL8217;s demand that it be supplied 28 mmscmd of gas from RIL8217;s KG-D6 gas fields at a price of USD 2.34 per mmBtu agreed in a 2005 family MoU.

RIL,however,contends that it cannot do so in view of the government policy,which in 2007 approved USD 4.20 per mmBtu as price for gas from the KG-D6 fields.

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In its arguments yesterday,Reliance Industries told the Supreme Court that the 2005 family agreement to divide the Reliance empire was a pact between the Ambani brothers and Anil should sue Mukesh if he feels aggrieved.

 

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