Reliance Industries and others on the government’s appeal that accused the Mukesh Ambani-owned conglomerate and its partners of committing an “insidious fraud” and “unjust enrichment of over $1.729 billion” by siphoning gas from deposits they had no right to exploit.
Attorney General R Venkentaramani and former AG KK Venugopal, appearing for the govt, argued that RIL in 2003 knew about the connectivity of its block with that of the adjoining ONGC block. They also accused RIL of ‘consciously and deliberately’ extracting and selling the adjoining ONGC gas without the government’s knowledge.
The senior lawyers also argued that RIL had earlier taken a categorical stand that “there is no connectivity and continuity” between RIL’s and ONGC’s block.
And the impugned arbitral award is in conflict with the public policy of India, they added.
A division bench led by Justice Manmohan issued notice to RIL and others on the same.
RIL through counsel Sameer Parekh opposed the government’s appeal, arguing that these issues cannot be reopened under Section 37 of the Arb Act. Public trust doctrine and other points raised by the govt have been looked into both by the arbitral tribunal as well as the single judge.