1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.567 OF 2008 IN APPEAL NO.844 OF 2007 IN COMPANY APPLICATION NO.1122 OF 2006 IN COMPANY PETITION NO.731 OF 2005 Reliance Industries Ltd. .. Appellants Vs. Reliance Natural Resources Ltd. .. Respondents And Union of India .. Intervener WITH APPEAL NO.1 OF 2008 IN CIVIL APPLICATION NO.1122 OF 2006 IN CONTEMPT PETITION NO.731 OF 2005 Reliance Natural Resources Ltd. Formerly Global Fuel Management Services .. Petitioner Vs. Reliance Industries Ltd. .. Respondents Mr.Milind Sathe, Sr.Advocate, Mr.Suresh Gupte, Mr.Firdosh Pardiwala, Ms.Minaxi Grover, Ms.Gayatri Goswami i/b M/s.Junnarkar & Associates for the 2 appellants Mr.Ram Jethmalani, Sr.Advocate with Mr.Mukul Rohotgi, Mr.Mahesh Jethmalani, Sr.Advocate, Mr.V.R.Dhond, Mr.Mahesh Agarwal, Mr.D.J.Kakalia, Ms.Manali Singhal, Mr.Saurabh Kripal and Ms.Bhavna Singh i/b M/s.Mulla and Mulla for the respondents Mr.T.S.Doeabia, Sr.Advocate with Mr.Vinod Joshi, Dr.Shailendra Sharma, Mr.Sandeep Deve and Ms.Ratika Mehra for Union of India CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 22ND OCTOBER, 2008 DATED : 22ND OCTOBER, 2008 DATED : 22ND OCTOBER, 2008 P.C.: 1. This Chamber Summons is filed by the Union of India through Secretary, Ministry of Petroleum and Natural Gas, Shastri Bhawan seeking leave of this court to intervene in the matter. 2. We have heard the Chamber Summons and reserved our order as there was objection on behalf of Reliance Industries Ltd. in permitting Union of India to intervene in the matter and for being joined as necessary party to this appeal and to allow them to defend the present appeal. We may also refer that the Chamber Summons was taken out only in appeal No.844 of 2007 by Reliance 3 Industries Ltd. and not in the appeal filed by the respondent i.e.Reliance Natural Resources Limited. 3. Yesterday i.e. 21/10/2008,Mr.Harish Salve, the learned counsel appearing for Reliance Industries Ltd. submitted that the parties have no objection if the Chamber Summons filed by the Union of India is allowed. 4. Mr.Jethmalani, the learned Senior Advocate appearing for Reliance Natural Resources Limited submitted that they also consent on this aspect. 5. In our opinion, it will be proper to permit Union of India to join as intervener in the appeal and not as party respondent but for the limited purpose of assisting this court in the matter relating to production sharing contract with Reliance Industries Limited and particularly with emphasis to Article 21 of the said contract as pricing and distribution of gas has far reaching implication and it is in larger public interest for the court to seek assistance of the Union of India in this context. Therefore, the Chamber Summons is 4 allowed in the aforesaid terms. Rule is made absolute accordingly. 6. Mr.T.S.Doeabia, the learned counsel appearing for Union of India wants to tender his short affidavit in the court in the two matters. Union of India may do so by filing it in the Registry and furnish copies of the same to the parties. We also grant leave as sought for to the intervener to file a detailed affidavit, if required, at a later stage during the course of hearing, reserving the right of the parties to cross-examine the authorised signatory of the affidavit. For the present, we are adjourning the matter to enable the parties to complete all the steps in the matter like exchanging interrogatories, discovery and inspection of documents. This order is passed and would apply to both the appeals. 7. Stand over to 11th November, 2008. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) 5 ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )