In the supreme court of india civil appellate jurisdiction I. A. No. Of 2009 in special leave petition (civil) No. 14997 Of 2009 in the matter of




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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. NO. _______________ OF 2009

IN

SPECIAL LEAVE PETITION (CIVIL) NO. 14997 OF 2009

IN THE MATTER OF :
Reliance Natural Resources Limited …Petitioner

Versus


Reliance Industries Limited …Respondent

…Applicant



APPLICATION TO BRING ON RECORD

ADDITIONAL DOCUMENTS

To

Hon’ble the Chief Justice and his



Hon’ble Companion Justices of the

Hon’ble Supreme Court of India


The humble application of the Respondent/Applicant above-named :
MOST RESPECTFULLY SHEWETH:
1. The Present Petition is pending disposal before this Hon’ble Court. The Respondent/Applicant by the present application is seeking permission of this Hon’ble Court to place on record the additional documents for the reasons as enumerated hereafter.
2. It is submitted that it was agreed between the Mukesh Ambani Group and the Anil Ambani Group that RNRL would be under the control of RIL until the consummation of the Scheme, with a majority of the Board being RIL nominees and its decisions would be taken by majority. A term sheet reflecting this understanding along with notes titled “Other Related Issues” both dated 3rd August 2005 were signed by Sh. Sandeep Tandon representing the Mukesh Ambani Group and Sh. Gautam Doshi representing the Anil Ambani Group. The relevant parts of the MOU were tendered before the Division Bench for the first time by RNRL in a sealed envelope in the middle of their arguments and the Division Bench has reproduced and relied upon the same in the impugned judgment. In this context, the term sheet and the notes become relevant to establish the manner in which the Scheme was formulated and implemented and therefore, it is a necessary document and the same are annexed herewith and is annexed as Annexure-“A” Colly.
3. It is submitted that the Corporate Governance Committee prepared a draft scheme of arrangement which was considered and approved by the board in principle at its meeting held on 2.8.2005 and was approved in a meeting held on 15.8.2005. The Division bench Judgement records that the Memorandum of Understanding entered into on 18.6.2005 among the family members of the promoters (MoU) was considered when the Board meeting of RIL took place. In Para J of the synopsis of the SLP filed by RNRL, it has sought to create an impression that the Board of RIL has accepted and approved the contents of the MoU. The minutes of the Board meeting of 18th June 2005 are already on the record. It is submitted that in view of the findings of the Division Bench and the contentions of RNRL, it is necessary to bring on record the minutes of the subsequent Board meetings that were held on 2nd August 2005 and 5th August 2005 to show that the MoU was never placed before the Board of Directors of RIL and as such was not considered or approved by it as contended by RNRL. A copy of the relevant extracts of the minutes of the Board meetings of 2nd August 2005 and 5th August 2005 are annexed hereto and marked as Annexure “B” (Colly).
4. It is stated that the RNRL issued “Listing Particulars”, dated 23.8.2006, while listing of its Global Depository Receipts (GDR’s) before the Luxemborg Stock Exchange. RNRL has sought to create an impression in the SLP that the benefits of the lower gas price will be passed on by RNRL to the consumers of the electricity, i.e the common man. But the contents of the listing Particulars reveals that RNRL will sell the gas to its affiliated power companies at prevailing market prices. A copy of the relevant extracts of the same are annexed hereto and marked as Annexure “C”. It is submitted that the same could not be placed on record earlier, as the Respondent had no access to the same and came to know of the same only recently. It is submitted that this document is relevant to dispel the impression sought to be created of RNRL.
5. It is further submitted that Respondent/Applicant has now learnt that on 18th December 2006, after filing the Company Application, Reliance Fuel Resources Ltd. (an RNRL affiliate) addressed a communication to MoPNG on the subject of seeking authorisation for Kakinada Dadri pipeline project, wherein it was stated that the GSMA was a valid and legally binding document, whereas RNRL has alleged in the present proceedings that the GSMA is a bogus and fraudulent document, which has been thrust upon it. A copy of the said letter dated 18th December, 2006 is annexed as Annexure “D”. It is submitted that the same could not be placed on record earlier, as the
Respondent had no access to the same and came to know of the same recently. It is submitted that this document is a necessary document to the present proceedings.
6. It is submitted that vide EGOM minutes of meeting dated 28th May 2008 and its subsequent meetings, the Government formulated and implemented its Gas Utilization Policy. A press Note was issued on 25th July 2008 and 4th December 2008, publishing the decision taken in the said EGOM meetings. EGOM minutes are relevant documents and are in public domain and the same has been filed to place the complete facts on record. A copy of the Press Note dated 25th July 2008 and 4th December 2008 is annexed hereto and marked as Annexure “E” Colly.
7. The Respondent/Applicant craves the leave of this Hon’ble Court to bring on record these additional documents. The Respondent submits that these documents are essential for deciding the issue arising in the above petition. It is in the interest of justice that this Hon’ble Court may be pleased to permit the Respondent/Applicant to place on record the same.
8. It is submitted that the said documents could not be placed on record earlier as explained above. It is submitted that the said documents are germane to the issue under consideration by this Hon’ble Court. It is submitted that it would be, therefore, just, proper and in the interest of justice, that Applicant/Petitioner is allowed to place on record the additional documents stated in the application.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:


(a) permit the Applicant/Respondent to bring on record the additional documents marked Annexures “A” to Annexure “E”; and
(b) pass such other or further orders as may be deemed just and proper by this Hon’ble Court on the facts and in the circumstances of the case and in the interest of justice.

Filed by :


(Parekh & Co.)

Advocates for the Respondent/Applicant

Place: New Delhi

Dated: 06.10.2009


IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. NO. _______________ OF 2009

IN

SPECIAL LEAVE PETITION (CIVIL) NO. 14997 OF 2009

IN THE MATTER OF :
Reliance Natural Resources Limited …Petitioner

Versus


Reliance Industries Limited …Respondent/Applicant

A F F I D A V I T

I, B. Ganguly, s/o (Late) Murari Mohan Ganguly, aged about 54 years, having my office at 5th Floor, Meridien Commercial Tower, Windsor Place, New Delhi, do hereby solemnly affirm and state as under:  


1. That I am the Senior Vice President of the Respondent Company in the above matter and am conversant with the facts and circumstances of the case and as such competent to swear this affidavit on behalf of the Respondent.
2. That I have read the accompanying Application for bringing on record additional documents and say that what is stated therein is true to my knowledge and belief, based on office records.
3. The annexures filed along with the application are true copies of their respective originals.

DEPONENT


VERIFICATION:
I, the deponent abovenamed, do hereby verify that the contents of paras 1 to 3 of my above affidavit are true to my knowledge, no part of it is false and nothing material has been concealed therefrom.
Verified at New Delhi on this the 06th day of October 2009.
DEPONENT


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