C.A. No.-009023-009023 / 2018. PARSA KENTA COLLIERIES LTD. vs RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. Supreme Court, 27-05-2019

Party Name:C.A. No.-009023-009023 / 2018. PARSA KENTA COLLIERIES LTD. vs RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. Supreme Court, 27-05-2019
Judgement Date:May 27, 2019
Court:Supreme Court
 
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9023 OF 2018
Parsa Kente Collieries Limited ..Appellant
Versus
Rajasthan Rajya Vidyut Utpadan Nigam Limited ..Respondent
J U D G M E N T
M.R. SHAH, J.
Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 28.02.2018 passed by the Commercial
Appellate Court/Division Bench of the High Court of Judicature
for Rajasthan, Bench at Jaipur in D.B. Civil Miscellaneous
Appeal No. 3785 of 2017, by which the High Court has allowed
1
Digitally signed by
MANISH SETHI
Date: 2019.05.27
16:34:10 IST
Reason:
Signature Not Verified
the said appeal preferred by the respondent herein Rajasthan
Rajya Vidyut Utpadan Nigam Limited and has quashed and set
aside the award passed by the learned Arbitrator, confirmed by
the Commercial Appellate Court at Jaipur, the appellant the
original claimant Parsa Kente Collieries Limited has preferred
the present appeal.
2. That in the month of March, 2006, the respondent floated a
tender for joint venture to undertake coal block development,
mining and transportation of coal and delivery. That one Adani
Enterprises Limited (AEL) submitted a bid which was accepted on
12.05.2006. A Letter of Intent was issued to AEL by the
respondent on 23.10.2006. Respondent and AEL entered into a
joint venture, namely, Parsa Kente Collieries Limited, the
appellant herein. A Coal Mining Service Agreement was entered
into between the said Parsa Kente Collieries Limited and AEL.
That a Coal Mining and Delivery Agreement (hereinafter referred
to as ‘CMDA’) was executed between the appellant and the
respondent on 16.07.2008 for supply of coal.
2.1 As per CMDA, the date of commencement of the contract
was 25.06.2011. As per CMDA between the appellant and the
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