The Supreme Court docket on Friday (August 14) imposed a price of Rs. 10 lakhs on Reliance Industries Ltd. for prolonging a 20-year-old business go well with filed by NTPC. The price imposed was directed to be deposited with the Supreme Court docket Advocates on Report Affiliation.
A bench of Justice PS Narasimha and Justice Alok Aradhe strongly disapproved of RIL’s litigation technique, noting that the go well with filed in 2005 continues to be on the proof stage, with the corporate elevating objections at each flip.
“The next information would reveal that the ability of the RIL to litigate and hinder progress of the go well with appears limitless. There is no such thing as a dearth of economic sources, no obligation to help and help the courtroom to deal with pending backlog of instances, maybe it’s profitable for RIL to boost some objection or the opposite at each stage and when the trial courtroom rejects it, the appellate and particular depart jurisdictions open up…it’s compelling for us to notice that the go well with filed by NTPC means again in 2005 has not progressed a lot. At each stage there was obstruction… In all, 20 years have handed by and the go well with continues to be on the stage of proof.”, the Court docket noticed.
The dispute arises out of a 2005 go well with filed by NTPC towards Reliance Industries Ltd. (RIL) looking for particular efficiency of a pure gasoline provide settlement. Regardless of being pending for greater than 20 years, the go well with has not proceeded past the proof stage.
Throughout the course of the proceedings, RIL filed a collection of functions and appeals difficult varied procedural orders. First, it sought discovery of NTPC’s inner paperwork, however the software was rejected by each the Single Choose and the Division Bench as a belated “fishing enquiry.” RIL subsequently tried to introduce its personal inner paperwork on document, however that request was additionally rejected, and its problem earlier than the Supreme Court docket was later withdrawn.
Within the newest spherical, NTPC sought redaction of parts of an affidavit filed by an RIL witness on the bottom that they contained privileged and inadmissible inner communications. The Excessive Court docket directed redaction of the inner communications whereas retaining parts reflecting the witness’s private notion and frame of mind. RIL challenged that order earlier than the Supreme Court docket.
Dismissing RIL’s attraction, the Court docket noticed that the go well with had remained stalled for 20 years as a result of “at each stage there was obstruction”.
The Court docket expressed displeasure concerning the tempo of the proceedings, noting that regardless of its earlier order handed in 2019, no efficient steps have been taken for the disposal of the go well with. “Seven years have handed since this Court docket directed the go well with to be disposed of in 9 months.”, the Court docket stated.
“It’s compelling for us to reiterate such a path and request the Excessive Court docket to take up and get rid of the go well with as expeditiously as potential. Excessive Court docket will take observe that allowing a celebration to a go well with to delay the litigation can be a tragic reflection of the best way courts conduct their proceedings.”, the Court docket stated.
“…the attraction is dismissed with prices quantified at Rs. 10 lakhs payable by the appellant-RIL to Supreme Court docket Advocates on Report Affiliation. The quantity shall be paid inside a interval of 5 weeks from at present.”, the Court docket held.
Trigger Title: RELIANCE INDUSTRIES LIMITED VERSUS NTPC LIMITED
Quotation : 2026 LiveLaw (SC) 806
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For Petitioner(s) : Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Shyam Divan, Sr. Adv. Mr. Sameer Parekh, Adv. Ms. Sonali Basu Parekh, Adv. Mr. Rubin Vakil, Adv. Mr. Ishan Nagar, Adv. Mr. Avishkar Singhvi, Adv. Mr. Rishit Badiani, Adv. Mr. Ashwin Dave, Adv. Mr. Ketan Dave, Adv. Mr. Gaurav Gangal, Adv. Mr. Abhishek Thakral, Adv. Ms. Ruchi Krishna Chauhan, Adv. Ms. Aditi, Adv. Mr. Nidhiram Sharma, Adv. Mr. Adith Deshmukh, Adv. Ms. Suvasita Chopra, Adv. M/S. Parekh & Co., AOR
For Respondent(s) : Mr. Tushar Mehta, Solicitor Normal Mr. Rishir Daulat, Adv. Ms. Bindu Saxena, Adv. Mr. Digvijay Dam, Adv. Ms. Aparajita Swarup, Adv. Mr. Shailendra Swarup, AOR
