SC-LD AMBANI 3 LAST

Besides, the Solicitor General said that EGoM's decision
of September 12, 2007 formulating the gas utilisation policy
and fixing of natural gas at USD 4.20 mmBtu was known to RIL
on October 10, 2007 itself, much before it filed its original
written statement.

Observing that the two courts below have allowed
amendment to the written statement, the apex court asked NTPC
that "what is the prejudice that would be caused because of
this amendment."

Its suit in the high court has gone off the track due to
this amendment, replied Subramanium.

"It is submitted that the amendment in effect seeks to
portray the Central government as the chief architect of the
inability of RIL in being able to perform Gas Sale and
Purchase Agreement and having impliedly taken away the
foundational basis of a very carefully structured bid and
suggests that on this basis that the GSPA is one which is
incapable of performance.

"This, it is submitted, is an entirely new case and ought
not to have been permitted to be urged for the first time by
way of a written statement," NTPC had stated in its SLP.

Opposing NTPC's plea, RIL senior counsel Harish Salve
said that under Rule 161 of the Bombay High Court original
side rules, the high court can allow such amendments
subsequently. PTI