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2022 Supreme(AP) 25

C.PRAVEEN KUMAR, B.KRISHNA MOHAN
Rashtriya Ispat Nigam Limited – Appellant
Versus
Balaji Coke Industry Pvt. Ltd. Kolkata – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. C.V. Mohan Reddy Learned Senior Counsel.
For the Respondent: Sri B. Adinarayana Rao, Learned Senior Counsel

JUDGMENT :

C. Praveen Kumar, J.

The present appeal is filed by Rashtriya Ispat Nigam Limited [for short “RINL”] under Section 37 of the Arbitration and Conciliation Act, 1996 read with Order 43 Rule 1 of Code of Civil Procedure, 1908 [for short, “C.P.C”], assailing the Order, dated 14.10.2019 passed in C.A.O.P.No. 1 of 2018, on the file of Special Judge for Trial and disposal of Commercial Disputes, Visakhapatnam, wherein the application, filed by the appellant herein under Section 34 of the Arbitration and Conciliation Act, 1996, was dismissed confirming the order of the Arbitral Tribunal.

2. The circumstances, which led to filing of the Claim Petition, are as under:-

    (i) The appellant [RINL] herein which is a Government of India undertaking, issued a Global Tender Notice bearing No. PUR.6.17.013/06006 dated 14.03.2006 for supply of 30,000 MT (+)/[-] 5% shipping tolerance of Low Ash Metallurgical (LAM) Coke. The respondent/claimant, who was a successful bidder was given a Letter of Intent, on 21.06.2006 vide PUR 6.17.013/0051. In continuation of the Letter of Intent, the resp

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