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M. M. SUNDRESH, RAJESH BINDAL
Paradip Port Authority – Appellant
Versus
Paradeep Phosphates Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to high court decision (Para 4 , 5 , 6 , 14) |
| 2. review of tariff agreements and disputes. (Para 7 , 8) |
| 3. arguments for both parties regarding tariff revision (Para 17 , 18 , 36) |
| 4. court's analysis of the agreement terms and tariff issues (Para 19 , 20 , 21 , 25 , 40) |
| 5. discussion on authority and arbitration process (Para 22 , 28 , 30) |
| 6. remit to tamp for adjudication on tariff (Para 34) |
| 7. need for expert resolution in tariff disputes. (Para 46) |
| 8. conclusions and orders remitting case to tamp. (Para 61) |
JUDGMENT :
Table of Contents
1. Leave granted.
3. The issue pertains to fixation of tariff by the Paradip Port Authority.1 [Earlier Paradip Port Trust] There were two Writ Petitions2 [W.P. (C) No. 732 of 2012 and W.P. (C) No. 11 of 2010] decided by the High Court by a common order.3 [Dated 11.01.2023] Both were filed by the appellant herein. Though the period involved is different, the High Court had decided both the writ petitions by a common order. For this reason, both the appeals are being taken up and decided together.
FACTUAL ASPECTS
5. The aforesaid petition was filed against order dated 19.10.2009 passed by the Appellate Authority in appeal4 [Appeal N
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