(1.) The present appeal has been filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, ('the Act') challenging the order dated 04.11.2018 passed by the Arbitral Tribunal (Tribunal) whereby it has declined to grant interim relief to the appellant on its application under Section 17 of the Act.
(2.) Respondent Jaiprakash Associates Limited ('JAL') and Steel Authority of India Limited ('SAIL') incorporated a Joint Venture Company namely Bokaro Jaypee Cement Limited ('BoJCL') for manufacturing, selling and dealing in "Portland Slag Cement" ('Cement'). Respondent had 74% shareholding and SAIL had 26%. BoJCL established a unit at Bokaro, Jharkhand with an annual manufacturing capacity of 2.1 million tonnes cement.
(3.) To ensure continued supply of Clinker to Bokaro Plant respondent entered into "Long Term Clinker Sale Agreement" dated 09.07.2008 with BoJCL. In terms of the agreement, Clinker was to be supplied by the respondent from its Dalla Plant in U.P. Clinker is one of the raw materials for manufacturing cement. The Bokaro Plant became operational on 20.05.2011 and the respondent started the supply of Clinker in accordance with the said agreement.