2 days ago
Orissa High Court Rejects Vedanta Plea Over Bauxite Agreements
Vedanta wanted the court to make the Odisha Mining Corporation honor old bauxite supply agreements.
These agreements covered 150 million tonnes of bauxite for Vedanta’s aluminium operations.
Vedanta said it had invested in Odisha because it expected long-term supplies and a stable price.
The court said the agreements had been ended in 2015.
It also said Vedanta did not challenge that decision when it happened.
Because too much time had passed, the court said the agreements could not be brought back.
The court accepted the corporation’s method for setting the bauxite price.
Vedanta is reviewing the decision but said its current bauxite supplies will continue.
The Orissa High Court dismissed Vedanta Ltd’s plea to enforce agreements for 150 million tonnes of bauxite from the Odisha Mining Corporation.
Vedanta relied on agreements from 2004 and 2009, along with earlier memoranda of understanding, for long-term bauxite supplies.
The court said the relevant agreements had been terminated in September 2015 after amendments to the mining law.
The bench held that Vedanta had not challenged the termination in time, so it had become final and could not be revived.
The court upheld the Odisha Mining Corporation’s approach to bauxite pricing; Vedanta said existing supplies would not be affected.
- Who
- Vedanta Ltd, the Odisha Mining Corporation, the Odisha government, and the Orissa High Court division bench led by Chief Justice Harish Tandon and Justice Murahari Sri Raman.
- What
- The court dismissed Vedanta’s petition seeking enforcement of agreements for 150 million tonnes of bauxite and upheld the applicable pricing approach.
- Where
- The case was heard by the Orissa High Court in Bhubaneswar, Odisha.
- When
- The agreements were made in 2004 and 2009; the relevant joint venture agreements were terminated in September 2015; the court issued the reported judgment afterward.
- Why
- The court held that the agreements had already been terminated, that Vedanta had not challenged the termination in time, and that they could not be revived after a lengthy delay.
Vedanta’s Position
Court and Odisha’s Position
Enforcement of agreements
Vedanta’s Position
Vedanta argued that the 2004 and 2009 agreements and earlier memoranda of understanding entitled it to long-term bauxite supplies.
Court and Odisha’s Position
The court held that the agreements had already been terminated and could not be revived or indirectly enforced.
Pricing mechanism
Vedanta’s Position
Vedanta sought enforcement of the pricing mechanism agreed in 2004, under which prices were linked to production costs and royalty.
Court and Odisha’s Position
The court upheld the Odisha Mining Corporation’s approach to determining the price under the prevailing legal framework.
Effect of the judgment
Vedanta’s Position
Vedanta said it was reviewing the order and that its existing bauxite supplies would not be affected.
Court and Odisha’s Position
The court vacated interim orders and allowed the Odisha Mining Corporation and other authorities to take further action in accordance with law.
Key facts
- Petitioner
- Vedanta Ltd
- Respondent supply authority
- Odisha Mining Corporation (OMC)
- Bauxite quantity
- 150 million tonnes
- Original agreement
- October 2004 agreement linking price to production cost and royalty
- Termination
- Relevant joint venture agreements were terminated in September 2015
- Court outcome
- Petition dismissed and interim orders vacated
- Company response
- Vedanta said it was reviewing the order and considering legal options
- Supply impact
- Vedanta said existing bauxite supplies would not be affected
Sources
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