Orissa High Court
M/S. Jindal India Thermal Power vs M/S. Quartz Infra And Engineering on 15 September, 2022
Author: Arindam Sinha
Bench: Arindam Sinha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARBA No.04 of 2021
(Through hybrid mode)
M/S. Jindal India Thermal Power .... Appellant
Ltd.
Mr. C. Mukhopadhya, Senior Advocate
Mr. S.P. Mishra, Senior Advocate
Mr. Goutam Mukherjee, Senior Advocate
Mr. Satyajit Mohanty, Advocate
Mr. Prashant Mehta, Advocate
Mr. Asit Kumar Das, Advocate
Ms. Divita Vyas, Advocate
-versus-
M/S. Quartz Infra and Engineering .... Respondent
Pvt. Ltd.
Mr. Vegesna Subba Raju (in person)
CORAM: JUSTICE ARINDAM SINHA
ORDER
15.09.2022 Order No.
19. 1. Mr. Mukhopadhya, learned senior advocate appears on behalf of appellant and resumes his submissions. He relies on paragraphs 242 and 243 in the award to submit, argument of his client on reservation of unilateral right to, inter alia, terminate the order, either in part or full, was neither appreciated nor dealt with. Majority view in the award proceeded on basis that the unilateral right to terminate was with regard to his client's right to terminate the contract upon failure on part of the contractor, implying issuance of notice. He relies on following judgments. Page 1 of 2 2
i) Hajee S.V.M. Mohamed Jamaludeen Bros & Co. v. Govt. of T.N., reported in (1997) 3 SCC 466, paragraphs 8 and 18.
ii) Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel, reported in (2001) 5 SCC 101, paragraphs 18, 24, 52 and
56.
iii) Altus Group India Private Limited vs. Darrameks Hotels & Developers Private Limited, available at (2018) SCC OnLine Del 8263, paragraphs 9, 10 and 16 to 19.
iv) Steel Authority of India Limited vs. Noble Chartering Inc., available at 2019 SCC OnLine Del 7412, paragraphs 44 to 50.
2. List on 29th September, 2022 marked at 2:00 P.M. (Arindam Sinha) Judge Prasant Page 2 of 2