Mohashakti Forging Pvt. Ltd., Khurda Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 23435 of 2024

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….. Mohashakti Forging Pvt. Ltd., Bhubaneswar

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Petitioner

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Mr. Anjan Kumar Biswal, Advocate

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-versus-

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1. State of Odisha represented through the Department of Steel and Mines, Bhubaneswar 2. Odisha Mining Corporation Ltd., Bhubaneswar

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3. Director (Operations) Odisha Mining Corporation Ltd., Bhubaneswar 4. General Manager S & M, Odisha Mining Corporation Ltd., ….. Opp. Parties Bhubaneswar

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Mr. Debashis Tripathy, A.G.A.

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

04.11.2024

Order No.

This matter is taken up through hybrid Mode.

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The petitioner in the present writ application has a grievance that the respondent Odisha Mining Corporation Limited (OMC) is not honoring the dispute resolution mechanism which is part of terms and conditions of the 164^th E-Auction Notice for sale of iron ore fines (Annexure-1).

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Mr. Anjan Kumar Biswal, learned counsel has referred to Clause 19 of the said terms and conditions and Clause 9 of the allotment letter (Annexure-2).

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Clause 19 reads thus :-

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Page 1 of 3

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“19. Dispute Resolution : Any dispute, difference or controversy of whatever nature howsoever arising under, or out of, or in relation, to this e-auction/sale order (including its interpretation) between OMC and the bidder and so notified in writing by either party to the other party shall, in the first instance, be attempted to be resolved amicably and the parties agree to use their best efforts for resolving all disputes arising under or in respect of this e-auction/sale order promptly, equitably and in good faith. In the event or any dispute between the parties, it is agreed that a discussion shall be held between the bidder and OMC within 7 (seven) days from the date of reference to discuss and attempt to amicably resolve the dispute. If such meeting does not take place within 7 (seven) day period or the dispute is not amicably settled within 15 (fifteen) days of the meeting, the dispute shall be decided by the Civil Court of competent jurisdiction at Bhubaneswar only within the period as specified under the Law of Limitation. There shall be no arbitration between the parties. The provisions of Arbitration & Conciliation Act, 1996 as amended from time to time, shall have no application to the present work.”

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Learned counsel appearing on behalf of the petitioner has submitted that the opposite parties may be directed to at least hold a discussion for resolving the dispute, which the petitioner has raised.

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We are not inclined to issue any such direction as the consequence of not holding any discussion is provided under

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Page 2 of 3

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Clause-19 itself.

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It will however be open for the petitioner to make further attempts to resolve the dispute amicably by making a fresh application for discussion in terms of Clause-19 of the terms and conditions and Clause-9 of the allotment letter.

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The writ petition is accordingly disposed of.

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(Chakradhari Sharan Singh) Chief Justice

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(Savitri Ratho) Judge

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Sukanta/Puspa

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 05-Nov-2024 12:20:45

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Page 3 of 3

Mohashakti Forging Pvt. Ltd., Khurda v. State of Odisha

Case brief

What is this about?

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Mohashakti Forging Pvt. Ltd., Khurda v. State of Odisha

Case brief

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What the court decided

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