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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
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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 2 nd 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 2 nd 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
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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 18 th 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 28 th

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.
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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.
PRAYER

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
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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

AFFIDAVIT

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