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2024 Supreme(Del) 556

NEENA BANSAL KRISHNA
Cement Corporation of India Ltd. – Appellant
Versus
Mahavir Coal Washeries Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Purushottam Sharma Tripathi, Mr. Amit & Mr. Abhishek Tripathi, Advocates, for the Petitioner.
Mr. Vikram Sharma, Mr. Mahesh Kumar & Mr. Nikhilesh Kumar, Advocates, for the Respondent.

JUDGMENT (Oral)

NEENA BANSAL KRISHNA, J.

1. The present Petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act, 1996") has been filed on behalf of the petitioner seeking appointment of an independent Arbitrator to adjudicate the disputes having arisen between the parties in respect of the Agreement dated 11.10.2018.

2. It is submitted that the petitioner issued a Letter of Intent dated 10.10.2018 to rent out CCI Akaltara Siding Exchange Yard for one year. The petitioner acting through its Akaltara Cement Factory entered into an Agreement dated 11.10.2018 with the respondent for allowing the respondent to co-use the Akaltara Railway Siding Yard of the petitioner for a period of one year w.e.f. 11.10.2018 and further extendable by one year for loading of coal into Railway Wagons.

3. Pursuant to the Agreement dated 11.10.2018, the Work Order dated 15.10.2018 was issued in favour of the respondent for the period from 11.10.2018 to 10.10.2019, by a period of one year w.e.f. 11.10.2019 to 31.03.2020 for a period of one year vide Work Order dated 15.10.2018.

4. It is submitted that the respondent decided not to seek further extension of

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