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2023 Supreme(Del) 5191

MANOJ JAIN
Ghh Bumi Mining Services Pvt. Ltd. – Appellant
Versus
Hindustan Zinc Ltd. – Respondent


Advocates appeared:
Mr. Sandeep Sethi, Sr. Advocate with Mr. Aayush Agarwala, Mr. Anuj P. Agarwala, Mr. Siddham Nahata, Ms. Bhumika Sharma and Mr. Auritro Mukherjee, Advocates, for the Petitioner.
Mr. Krishnan Venugopal, Sr. Advocate, Mr. Uday N. Tiwary with Mr. Akshat Tiwary, Advocates, for the Respondent.

JUDGMENT

Manoj Jain, J. (Oral)

1. Present petition has been filed under Section 9 of the Arbitration & Conciliation Act, 1996 (in short `said Act') seeking urgent directions from this Court for staying operation of the termination by the respondent of a project awarded to it.

2. Since pressing urgency in the matter has been expressed by Sh. Sandeep Sethi, Ld. Senior Advocate, with the consent of both the sides, the arguments have been heard for the purposes of final disposal.

3. According to the petitioner, the project in question was for providing services including development of an underground approach to ore body to produce mines at Zwarmala Mine in Udaipur District, Rajasthan. This project was awarded on 30.12.2020 for 48 months i.e. till 31.12.2024. This was an extremely capital-intensive project which required huge investment of resources and creating of necessary infrastructure by the petitioner. The job was being done, all along, by the petitioner in the most earnest manner. However, by virtue of letter dated 31.05.2023, the respondent has, arbitrarily and in complete violation of the specific terms of the agreement between the parties, has chosen to terminate the servi

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