Petronet Lng Ltd vs Indian Petro Group And Another on 13 April, 2009 (iv) "Petronet LNG not to hand our EPC contract for Dahej expansion project until LNG is tied up and GSPAs signed", and (v) "Details of PLL's reconstitution of EPC and finance sub-committees", (b) On 06.06.2005, the defendants published information under following the headings: (i) "PLL Kochi LNG terminal: August 2009 is target completion date, BEP consultancy likely to be given to EIL", (ii) "PLL Dahej expansion: Single EPC contract for both regasification and tank construction". (iii) "PLL Dahej Expansion/Kochi Project I: Details of bidding consortia, eligibility criteria and tender committee recommendations" and CS(OS) No.1102/2006 Page 3 (iv) "PLL Dahej Expansion/ Kochi project II: Details of evaluation of proposals by shortlisted EPC consortia; and (d) On 07.06.2005, the defendants published information under following the headings: (i) "PLL-Kochi project: PLL starts marine studies on advice of Gaz de France" and (ii) "PLL Dahej expansion : EIL beings work on bid packages". 6. The defendants, says the plaintiff, did not publish confidential/misleading information pertaining to it (the plaintiff) from 11.06.2005 to 26.04.2006. However, when the plaintiff's officials accessed the website on 27.04.2006, 28.04.2006, 03.05.2006 and 05.05.2006, it was found that the defendants had published, inter alia, three news items/articles on 27.04.2006, one news item/article each on 28.04.2006, 03.05.2006 and 05.05.2006 (hereafter referred as "the offending news items" pertaining to the plaintiff, which were also sent as e-mail alerts to subscribers, part of which made sensitive and confidential information public, and part of which was wrong and misleading. The offending news items are reproduced in the plaint; they are as follows: A (i) "PLL to co-develop Kochi SEZ, CPT to be developer April 26: Petronet LNG Ltd., (PLL) will be a co-developer of the Kochi Special Economic Zone (SEZ) along with Cochin Port Trust (CPT) which will be the developer. Besides, PLL will also share the cost of development of Kochi SEZ. On account of being a co-developer, PLL would get fiscal incentives as per the SEZ Act 2005. These would include waiver of customs duty on capital imports, waiver of taxes and levies including VAT for procurement of capital of capital goods within India to SEZ, income has holiday for 10 years and waiver of stamp duty and service tax. Besides, it would be exempted from taxes and other levies of local bodies such as Panchayat and municipalities. Though ensuring export earnings by the units situated in SEZ does not fall in the ambit of the codeveloper's duty, it is expected to develop infrastructure in SEZ. Thus, of the Rs.20 Indian Kanoon - http://indiankanoon.org/doc/8534067/ 3

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