ARUNODAYA MINERALS Vs. GIMPEX LIMITED

JUDGEMENT

(1.) The present appeal is filed seeking to set aside the judgment and decree dtd. 26/3/2021 passed in Com.A.S.No.36/2015 by the Commercial Court. The parties are referred to, for the sake of convenience, as per their rank before the Sole Arbitrator.

(2.) The facts in brief are that, the Respondent No.1 had applied for a mining lease under the provisions of the Mines and Minerals (Development and Regulation) Act , 1957 (for short 'the MMDR Act ') Read with the Mineral Concession Rules, 1960 (for short 'the Rules') over an extent of 8.82 hectares (21.79 acres) located in S.M. Block, Sandur Taluk, Bellary District and that the State Government being satisfied with the application made by the Respondent, vide letter dtd. 28/2/2004 sought the approval of the Central Government in terms of Sec. 5(1) of the MMDR Act.

(3.) Having regard to the application for mining lease filed by the Respondent No.1, the following agreements were entered into by the parties: