M/S. Jindal India Thermal Power vs M/S. Quartz Infra And Engineering
2022 Latest Caselaw 4772 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ARBA No.04 of 2021
                                (Through hybrid mode)

            M/S. Jindal India Thermal Power    ....                Appellant
            Ltd.
                                     Mr. C. Mukhopadhya, Senior Advocate
                                          Mr. S.P. Mishra, Senior Advocate
                                   Mr. Goutam Mukherjee, Senior Advocate
                                            Mr. Satyajit Mohanty, Advocate
                                             Mr. Prashant Mehta, Advocate
                                            Mr. Asit Kumar Das, Advocate
                                                 Ms. Divita Vyas, Advocate

                                          -versus-

            M/S. Quartz Infra and Engineering ....              Respondent
            Pvt. Ltd.
                                        Mr. Vegesna Subba Raju (in person)

                      CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

15.09.2022 Order No.

19. 1. Mr. Mukhopadhya, learned senior advocate appears on

behalf of appellant and resumes his submissions. He relies on

paragraphs 242 and 243 in the award to submit, argument of his

client on reservation of unilateral right to, inter alia, terminate the

order, either in part or full, was neither appreciated nor dealt with.

Majority view in the award proceeded on basis that the unilateral

right to terminate was with regard to his client's right to terminate

the contract upon failure on part of the contractor, implying issuance

of notice. He relies on following judgments.

i) Hajee S.V.M. Mohamed Jamaludeen Bros & Co. v. Govt. of

T.N., reported in (1997) 3 SCC 466, paragraphs 8 and 18.

ii) Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai

Haribhai Patel, reported in (2001) 5 SCC 101, paragraphs 18, 24, 52 and

56.

iii) Altus Group India Private Limited vs. Darrameks Hotels &

Developers Private Limited, available at (2018) SCC OnLine Del 8263,

paragraphs 9, 10 and 16 to 19.

iv) Steel Authority of India Limited vs. Noble Chartering Inc.,

available at 2019 SCC OnLine Del 7412, paragraphs 44 to 50.

2. List on 29th September, 2022 marked at 2:00 P.M.

(Arindam Sinha) Judge

Prasant