Ashim Kumar Banerjee. J.

Private International Law is a subject, less cultivated in Indian judiciary, yet the learned Judge considered all the relevant precedents so far delivered by Indian judiciary as well as abroad. Learned Judge also considered comments of various authors on the subject. The judgment and order impugned runs in 200 (two hundred) pages, full of discussions of the law on the subject backed up by thorough research. The judgment is unique having distinguishing feature. Whether we would agree with the ultimate finding or not, would be a different consideration that we would be venturing very soon. At the outset, we must praise the learned Judge for a painstaking effort to present a piece that would be worth reading.

BACKDROP:

Coal India Limited (hereinafter referred to as ‘CIL’) a wholly owned public sector undertaking entered into a contract with a foreign party being Canadian Commercial Corporation (hereinafter referred to as ‘CCC’), another public sector organization, established by the Act of Parliament of Canada being wholly owned by Crown Corporation of Canada. Under the contract, CCC was to develop Rajmahal-A, opencast coal mine. They would be manag