CHAIRMAN, COAL INDIA LTD AND OTHERS Vs. CEMENT MANUFACTURING COMPANY LTD

JUDGEMENT

(1.) These two intra court appeals, preferred against two different but similar nature orders dated 26.11.2013, as passed in WP(C) No.47 of 2013 and WP(C) No.243 of 2012, have been considered together; and are taken up for disposal by this common judgment.

(2.) After having heard learned counsel for the parties and having perused the material placed on record, we are of the view that looking to the terms of contract in question and nature of dispute, the parties ought to take recourse to the dispute settlement mechanism provided in Clause 14 of the respective agreements. As the parties are proposed to be relegated to the settlement mechanism provided in the respective agreements, dilatation on all the factual aspects appears inexpedient. Only a brief reference to the background aspects would suffice.

(3.) The relevant background aspects of the matter are that the parties herein had entered into respective agreements whereby, the appellants were to supply, and the respondents (writ petitioners) were to lift, the coal for a period of 5 years from the date of the agreement.