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2021 Supreme(Bom) 1213

SUNIL B.SHUKRE, ANIL S.KILOR
Ambey Mining Pvt. Ltd. – Appellant
Versus
Western Coalfields Limited – Respondent


Advocates appeared:
Shri Shreehari Aney, Senior Advocate A/B. Shri H.N.Verma, Advocate, for the Appellant / Shri G.E.Moharir, Advocate for Respondent.

JUDGMENT

Anil S. Kilor, J. - Heard.

2. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

3. By this petition the petitioners are seeking issuance of directions to the respondent No.l to proceed with resolution of disputes raised by petitioners No.l, through Arbitration in accordance with the "Settlement of Disputes" clause in the contract and also in the Circular dated 7th April 2017, issued by Respondent No. 3, Coal India Ltd. (CIL).

4. Brief facts for appreciation of the grievance enunciated in this petition, are as follows:

5. The Respondent No.l-Western Coalfields Limited awarded a work for crushing of ROM Coal by hired Semi Mobile crusher, discharging (-100 mm size) crushed coal at radial stacker including supply, installation, erection, commissioning, maintenance & operation of Semi Mobile crusher suitable for -100 mm size output crushed coal to be installed at BG Siding of Pench Area, vide 'Work Order' Dated 09/05/2018, to the petitioner No.l, a Private Limited Company.

6. It is the grievance of the petitioners that the respondent Nos. 1 and 2 deliberately and falsely represented that the respondent No.l would provide a total qu

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