Extract
Adhunik Steels Ltd VS. Orissa Manganese And Minerals Pvt. Ltd
CASE NO.: Appeal (civil) 6569 of 2005PETITIONER: ADHUNIK STEELS LTDRESPONDENT: ORISSA MANGANESE AND MINERALS PVT. LTDDATE OF JUDGMENT: 10/07/2007BENCH: H.K. SEMA & P.K. BALASUBRAMANYANJUDGMENT: J U D G M E N T[with C.A. No. 6570 of 2005]P.K. BALASUBRAMANYAN, J.1. These Cross Appeals by Special Leave challenge the order passed by the High Court of Orissa in an appeal under Section 37(1)(a) of the Arbitration & Conciliation Act, 1996. The said appeal was one filed by the respondent in C.A. No. 6569 of 2005 which is the appellant in C.A. No. 6570 of 2005 challenging an order of the District Court at Sundargarh in a petition under Section 9 of the Act filed by the appellant in C.A. No.6569 of 2005 and the respondent in C.A. No. 6570 of 2005. For convenience, the parties will hereinafter be referred to as "Adhunik Steels" and "O.M.M. Private Limited". Adhunik Steels it was, that filed the application under Section 9 of the Act.2. O.M.M. Private Limited obtained a mining lease from the Government of Orissa for mining manganese ore from certain extents of land situate in Sundargarh district in the State of Orissa. For reasons of its own,O.M.M. Private Limited entered into an agreement dated 14.5.2003 with Adhunik Steels for raising the manganese ore on its behalf. The term of the agreement was 10 years with effect from 18.5.2003, it conferred on Adhunik Steels an option to seek a renewal for a further term.3. According to Adhunik Steels, pursuant to this agreement, it had mobilized huge resources for carrying on the excavation and extraction of the mineral by arranging for the necessary labour, staff, equipments, and so on. It had also incurred expenditure for removing the ove...
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