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2014 Supreme(SC) 669

J.CHELAMESWAR, A.K.SIKRI
Orissa Manganese & Minerals – Appellant
Versus
Synergy Ispat – Respondent


JUDGMENT

J. Chelameswar, J.

1. Leave granted.

2. Aggrieved by the judgment dated 16th May 2014 of the High Court of Calcutta in A.P.O.T. No.460/2012, the respondent therein filed this appeal.

3. The impugned order is a reversing order in appeal against the judgment and order dated 5th September, 2012 of single Judge of the Calcutta High Court in A.P. No.245/2012 by which the learned single Judge rejected an application filed under Arbitration & Conciliation Act, 1996 holding that the appellant was not entitled to interim injunction in aid of his claim for specific performance of an agreement to sell iron ore.

4. The factual background of the case is as follows.

5. The appellant herein secured a mining lease originally from the State of Bihar (now Jharkhand) in the year 1996. However, the appellant could not secure the necessary approval under the Forest Conservation Act, 1980. Therefore, the mining operation had to be kept under suspension.

6. Sometime in the year 2005-2006, at the instance of the respondent herein, the appellant entered into two agreements. According to the appellant (we say so because what exactly is the purport of the agreements is a matter pending consideration

























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