SC-LD AMBANI 2

The bench, while disposing NTPC's petition, also directed
the high court to decide the matter expeditiously.

Solicitor General Gopal Subramanium said that NTPC
apprehended that the trial would proceed without the contents
of the written statement being rebutted.

He submitted that RIL had amended its written statement
in the high court by taking advantage of an affidavit filed by
the Petroleum Ministry in a separate case between the Ambani
brothers (RIL vs RNRL).

The government affidavit, which was filed on January 13,
this year and later withdrawn, had stated that price of KG
basin gas was fixed at USD 4.20 mmBtu by an empowered group of
ministers (EGoM).

He, however, clarified that the government was not
concerned with the gas dispute between the Ambani brothers.

Subramanium submitted that the high court order should be
set aside as the proviso to Order-VI Rule-17 of CPC does not
permit amendment to the pleadings after commencement of trial
in the suit unless the court came to conclusion that in spite
of due diligence the party seeking amendment could not have
raised the matter before the commencement of the trial.

He said that while the issues in NTPC's suit against RIL
were framed on October 6, 2008, and the trial had already
started, the Mukesh Ambani firm had filed its original written
statement on October 31, 2007, before the high court.

But the high court's order allowing RIL to amend its
written statement in the case on July 30, 2009 after
commencement of trial was illegal, NTPC said. MORE PTI