TIMBLO MINERALS PRIVATE LIMITED Vs. KAMALINI R PAINGUINKAR

JUDGEMENT

(1.) These are the applications filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as the said Act ).

(2.) With a view to appreciate the submissions made by the learned Counsel appearing for the parties, it will be necessary to briefly refer to the factual matrix of the case. The case made out by the Applicant is based on two different agreements dated 16th June, 2003. In application No. 7 of 2008, the agreement relied upon has been executed by the Applicant and one Ramakant Rajaram Painguinkar. In the said agreement, the Applicant is described as the second party and the said Ramakant is described as the first party. The said agreement records that the said Ramakant had agreed to give a contract to the Applicant for extraction of iron ore. The said agreement records that the said Ramakant had appointed the Applicant as a contractor for carrying out various works mentioned in the said agreement in the area of the mine/lease including the work of extraction of crude mineral ore from sub-soil within such area. There are recitals in the agreement that the said Ramakant had secured from the erstwhile Portuguese Regime, a mining concession which is more particularly described in the agreement with reference to property in respect of which the same was granted. Clause 5 of the said agreement is a renewal clause which reads as under :-

(3.) As far as application No. 8 of 2008 is concerned, the agreement dated 16th June, 2003 is between the Applicant and the said Ramakant. There are recitals which relate to mining concession obtained by the said Ramakant from the erstwhile Portuguese Regime. In the agreement, the Applicant is described as the buyer and the said Ramakant is described as the seller. The agreement provides that the said Ramakant shall exclusively sell all the marketable iron ore extracted and/or duly processed from the area of the above mentioned mining concession only to the Applicant during the term of the agreement and its renewal. One of the material clauses in the said agreement is clause 4(a) which reads thus :