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National
Petroleum Ministry challenges validity of MoU between Ambani brothers This could put NTPC’s case in jeopardy NEW DELHI: The NTPC, in litigation with Reliance Industries Limited in the Bombay High Court, wants to become a party in the case of gas dispute between RIL and Reliance Natural Resources Limited (RNRL) being heard by the Supreme Court, it is learnt. If the NTPC gets the go-ahead from the Power Ministry, it would contradict the government petition filed by the Petroleum and Natural Gas Ministry seeking scrapping of a private gas supply agreement between Mukesh Ambani, who controls RIL, and his brother Anil Ambani, who heads RNRL. When contacted, Power Secretary H.S. Brahma said the NTPC would be free to approach the Supreme Court if it got an unfavourable verdict in the Bombay High Court. However, nothing came to his notice of the NTPC wanting to become a petitioner in the case before the Supreme Court, he said. A senior NTPC official said the company had already sought legal opinion on the issue of its becoming a party to the case. “We have already had meetings with the Attorney-General. We are waiting for a final feedback and will then decide our course of action.” Ambanis’ MoUOfficials of the NTPC said the company had reason to be upset as the Petroleum Ministry referred to the Memorandum of Understanding (MoU), signed between the Ambani brothers in 2005 at the time they divided the Reliance Group’s assets, which outlines supply of 28 million metric standard cubic metres per day (mmscmd) of gas from RIL’s D6 block to RNRL group including the Anil Ambani-owned Reliance Power’s Dadri plant in Uttar Pradesh. What is further worrying the NTPC officials is the fact that the same MoU makes a mention of the 12 mmscmd supply of gas for which the NTPC issued a Letter of Intent in 2005 and later entered into a contract with RIL for supply of the same amount of gas. “The very validity of the MoU has been challenged by the Petroleum Ministry and this could put NTPC’s case in jeopardy as NTPC has challenged the failure of RIL to execute the supply of this 12-mmscmd contract for its Kawas and Gandhar plants in Gujarat in the court of law. If the MoU is stuck down, then the whole case before the Bombay High Court would collapse and that is the reason NTPC is mulling over a move to be impleaded as an intervener in the Supreme Court proceedings,” a senior Power Ministry official remarked. On the NTPC’s move, a senior Petroleum Ministry official said it was free to approach the Supreme Court.
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