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Mumbai:
The Bombay High Court has asked Reliance Industries Ltd and Reliance Natural
Resources Ltd to decide on a new gas price as the rate of $2.34 per mBtu agreed
in the family demerger agreement had already been rejected by the government. Delivering
the final verdict in the gas supply row between Mukesh Ambani`s Reliance Industries
and Anil Ambani''s Reliance Natural Resources Ltd, Justice Anoop V Mohta said RIL
cannot be forced to sell gas from its eastern offshore KG-D6 fields to firms at
subsidised rates and incur losses. "The
respondents (RIL) cannot be directed to sell or supply gas at subsidised rate
and to incur losses," he said. The
government had recently approved a market-determined price of $4.20 per mBtu for
gas from KG-D6. Delivering
part of the verdict on 15 October, the court said the government''s entitlement
to profit petroleum from the total production will be reduced if gas is sold at
sub-market price or if gas is undervalued. RIL
"cannot be compelled to commit such breaches to face the risk of termination
of the contract (for KG-D6) itself." The
court, however, said the gas supply agreements between RIL and RNRL, entered into
in January 2006 with Mukesh Ambani presiding over both RIL and demerged RNRL,
was in breach of the demerger scheme and asked the two to renegotiate the same
within four months. Under
the demerger agreement, RIL is to supply RNRL 28 mmscmd of gas and an additional
12 mmscmd in case RIL`s deal with NTPC fails. The
court`s restrain on RIL from selling gas meant for RNRL to third party would continue
for the period.
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