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2006 Supreme(Ori) 654

B.P.DAS
Bhanja Minerals Pvt. Ltd – Appellant
Versus
Bihar Sponge Iron Ltd – Respondent


Advocates:
For Appellant:Shri Sanjit Mohanty, Sr. Advocate, with S/ Shri S. Palit, A. K. Mishra, A. K. Mohana, H. K. Ratsingh, D. Biswal and A. Mishra
For Respondent:Shri R. K. Rath, Sr. Advocate, with S/Shri S. S. Das, D. Tripathy, S. S. Pradhan and Ms. K. Behera and S. Modi

JUDGMENT

B. P. DAS, J. — Both these appeals being Arbitration Appeal Nos.12 and 13 of the 2006 have been filed by M/s. Bhanja Minerals Pvt. Ltd. challenging separate orders dated 13.7.2006 passed by the District Judge, Cuttack, in Arbitration Petition No.93 of 2006 and No.92 of 2006 respectively. Both the appeals being inter-linked and common questions of facts and law being involved in the same, they were,with the consent of learned counsel for the parties, heard together and are being disposed of by this common judgment.

2. The appellant-M/s. Bhanja Minerals Pvt. Ltd. (‘BMPL’ in short), which is a company registered under the Companies Act, 1956, holds lease of an iron ore mines known as ‘Inganijharan Iron and Manganese Mines’ in Keonjhar district granted by the Govt. of Orissa. On 21.2.2003, BMPL entered into an agreement/contract with M/s. Technicast Engineers Ltd., (‘Techn¬icast’ hereinafter), which is also a company registered under the Companies Act, 1956 having its registered office in New Delhi, for raising operation and maintenance of the aforesaid iron ore mines. On the same day, i.e., 21.2.2003, BMPL also entered into another agreement/contract for sale of the lump iron



































































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