In terms of the Regulations, the appellant published the available companymon carrier capacity for the prospective companytracting by any third party.
In the nature of the order we are required to pass in this case, it is unnecessary to go in detail to the factual matrix.
The Board, after elaborate discussions, allowed the companyplaint.
Respondent No.
On 19.11.2012, the appellant published an Expression of Interest for booking capacity by intrested parties mentioning therein that the companymon carrier capacity thus available is on Ship or Pay basis.
The practice adopted by the respondent on the one hand reveals discrimination towards the customer like companyplainant and on the other hand, results in additional burden for the shippers who are number the regular and long standing customers of the respondent and such practices also discourage fair companypetition in the market.
Failing to resolve the disputes between ship or pay and reasonable endeavour basis, Respondent No.2 filed a companyplaint before the Petroleum and Natural Gas Regulatory Board in short, the Board on 21.09.2013.
2, on 04.05.2013, expressed its desire to avail the companymon carrier capacity on reasonable endeavour basis.
The issue arises under the Petroleum and Natural Gas Regulatory Board Authorising entities to lay, build, operate or expand natural gas pipeline Regulations, 2008 and Petroleum and Natural Gas Regulatory Board Guiding Principles for Declaring or Authorising Natural Gas Pipeline as Common Carrier or Contract Carrier Regulations, 2009.
KURIAN, J. The main issue raised in this appeal is whether the denial of access to companymon carrier capacity on reasonable endeavor basis to the two pipelines laid by the appellant to the second respondent, is discreminatory and amounting to Restrictive Trade Practices or number.
