CUPRUM BAGRODIA LIMITED Vs. GAINWELL COMMOSALES PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner has sought interim protection under section 9 of the Arbitration and Conciliation Act, 1996 by way of the present petition.

(2.) Learned Senior advocate appearing for the petitioner has submitted that, the petitioner carries on business of coal mining. The petitioner has been using the High Wall Mining System for extracting coal. In such system, a specialised machinery is utilised. The only manufacturer of such machinery in India is the respondent. The petitioner had placed an order for delivery of High Wall Miner, model HW 300 on the respondent to be delivered by August 2018. The petitioner had also placed a separate order for the Low Seam Cutter Module CM210 on the respondent to be used together with the High Wall Miner, model HW 300.

(3.) Learned Senior Advocate appearing for the petitioner has submitted that, the parties have entered into a contract for supply of High Wall mining system on May 10, 2019. He has referred to the various terms and conditions of such contract. He has submitted that, such contract has stipulated the terms of payment. He has drawn the attention of the court to the terms of payments as specified in the contract. He has submitted that, the respondent was supposed to procure vital parts of the machinery from Caterpillar, the USA manufacturer. He has submitted that, the petitioner has always been and still is ready and willing to pay for the machinery. He has referred to the clause of the contract which has dealt with the title, property and risk. He has referred to Clause 7 of the contract which has stipulated the delivery date, transportation, insurance, assembly and testing of the machinery. He has submitted that, under clause 8 of the contract, the contract cannot be cancelled after execution of the same.