Gulababad Industries Association (GIA) is a society registered under the Societies Registration Act 1860, with members primarily involved in a variety of industries including steel, alloys, medical devices etc. Amar Gas

The facts of the given situation are similar to the case M/s Adani Gas Limited vs. CCI and Ors. The facts of the case as under: In this case, National Company Law Appellate Tribunal (NCLAT/Appellate Tribunal) found Adani Gas Limited's (AGL) Gas Supply Agreement (GSA) imposed unfair conditions on the industrial customers of Faridabad. NCLAT commented that AGL, being the only supplier of natural gas and there being no gaseous substitute for the same, AGL abused its dominant position qua the Industrial Customers by imposing unfair conditions upon the buyers under GSA as it existed in original form. Appeals were accordingly disposed of upholding the impugned order passed by the Commission holding AGL guilty of abuse of dominant position with the orders and directions passed by the Commission with modification in imposition of penalty on AGL. The NCLAT observed that the GSA that had been revised by AGL during the course of investigation and inquiry before the Commission came up for further revision of the contravening clauses to make them more consumer friendly and to protect the interests of Industrial Consumers by removing disparity as regards the revision of gas prices, payment, obligations in case of shutdown of supply and for complete or partial off-take of gas, etc. which came about in compliance to the suggestions put forth by this Appellate Tribunal. The Tribunal also observed that the modifications which in effect eliminated discrimination qua Industrial Consumers and the subsequent emergence of competitors of natural gas on the scene coupled with the fact that AGL not only came up with a voluntary revision of GSAs even before the conclusion of inquiry by the Commission and was amenable to the advice/suggestions falling from Appellate Tribunal resulting in the incorporation of the consumer-friendly clauses substituting the contravening provisions in the GSAs, in Appellate Tribunal's considered opinion carved out mitigating factors / extenuating circumstances in favour of AGL outweighing the only aggravating factor i.e, abuse of dominant position. The NCLAT further opined that reducing the penalty imposed on Adani Gas Limited would be commensurate with and proportionate to the level of proved abuse conduct of AGL and also opined that this reduction would meet the ends of justice and achieve the desired object of the statute in the peculiar facts and circumstances of the case. In the given situation, based on above judicial pronouncement, it can be said that the appeal as filed by Amar Gas Limited is not likely to be allowed.