GAIL (INDIA) LTD. vs PETROLEUM AND NATURAL GAS REGULATORY BOARD .

The Supreme Court held that the denial of access to common carrier capacity on a reasonable endeavor basis by the appellant was discriminatory and constituted a restrictive trade practice under Section 28 of the Petroleum and Natural Gas Regulatory Board Act, 2006. The Court emphasized that common carrier capacity must be reserved on a non-discriminatory 'first-cum-first-serve' basis, as per Sections 11(a) and 12(1)(b)(v) of the Act. Consequently, the Court directed the respondent to cease such practices and imposed a civil penalty of Rs. 1 lakh.