LAWS(BOM)-2017-6-118

MINEIRA NACIONAL LIMITADA, A SOCIEDADE POR QUOTAS CONSTITUTED UNDER THE PORTUGUESE LAW OF SOCIEDADE POR QUOTAS AND HAVING ITS OFFICE AT SALGAOCAR BHAVAN, ALTINHO, PANAJI, GOA AND OTHER Vs. HARDESH ORES PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT VILLA FLORES DA SILVA, ERASMO CARVALHO STREET, MARGAO-GOA AND OTHERS

Decided On June 06, 2017
Mineira Nacional Limitada, A Sociedade Por Quotas Constituted Under The Portuguese Law Of Sociedade Por Quotas And Having Its Office At Salgaocar Bhavan, Altinho, Panaji, Goa And Other Appellant
V/S
Hardesh Ores Private Limited, A Company Registered Under The Companies Act, 1956, Having Its Registered Office At Villa Flores Da Silva, Erasmo Carvalho Street, Margao-Goa And Others Respondents

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondents, waive service. Heard finally by consent of parties.

(2.) The challenge in this petition is to the orders dated 13.01.2016 and 29.11.2016 passed by the learned Principal District Judge Panaji (PDJ, for short) in Civil Miscellaneous Application No. 119/2013 in Arbitration Application No. 36/2012. By the impugned orders, the learned PDJ has allowed application under Sec. 9 of the Arbitration and Conciliation Act, 1996 (Act, for short), filed by the first respondent-Hardesh Ores Private Ltd., directing the petitioners to prepare and present the mining plan with requisite certificates and progressive mine closure plan to the second respondent - Regional Controller of Mines.

(3.) Brief facts necessary for the disposal of the petition may be stated thus: