The Nominated Authority Ministry Of Coal Government Of India & Anr. vs M S Vedanta Limited
- Court
- Delhi High Court
- Case type
- Letters Patent Appeal
- Decided on
- 10-04-2026
<div> * <b>IN THE HIGH COURT OF DELHI AT NEW DELHI</b><br /> <b><i>Judgment Reserved on: 23.02.2026</i></b><br /> <b><i>%</i></b> <b><i>Judgment Delivered on: 10.04.2026</i></b><br /> <b>+</b> <b>LPA 83/2026, CM Nos. 12280/2026, 12281/2026 & 12282/2026</b><br /> <b>M/S VEDANTA LIMITED</b> .....Appellant<br /> Versus<br /> <b>THE NOMINATED AUTHORITY MINISTRY OF COAL</b><br /> <b>GOVERNMENT OF INDIA & ORS.</b> .....Respondents<br /> <b>AND</b><br /> + <b>LPA 84/2026, CM Nos.12316/2026, 12317/2026 & 12318/2026</b><br /> <b>THE NOMINATED AUTHORITY MINISTRY OF COAL</b><br /> <b>GOVERNMENT OF INDIA & ANR.</b> .....Appellants<br /> Versus<br /> <b>M/S VEDANTA LIMITED</b> .....Respondent<br /> <b>Advocates who appeared in these cases</b><br /> Mr. Nidhesh Gupta, Senior Advocate with Mr. Naveen Kumar, Mr.<br /> Ujjawal Kumar Rai, Mr. Aditya Goyal, Mr. Sudhanshu Pathak, Mr.<br /> Bikram Dwivedi, Ms. Isha Baloni, Mr. Rishabh Chaudhary, Mr.<br /> Lakshay Singh & Ms. Pragya Prachi Pandey, Advocates for Vedanta<br /> Limited.<br /> Mr. Ankur Mittal, CGSC with Mr. Keshav Pawar, GP; Mr. Aviraj<br /> Pandey and Ms. Rabaica Jaiswal, Advocates for UoI.<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 1 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> <b>CORAM:</b><br /> <b>HON'BLE THE CHIEF JUSTICE</b><br /> <b>HON'BLE MR. JUSTICE TEJAS KARIA</b><br /> <b>JUDGMENT</b><br /> <b>TEJAS KARIA, J</b><br /> 1. These Appeals have been filed challenging the orders dated<br /> 07.02.2026 and 09.02.2026 (“ <b>Impugned Orders</b> ”) passed in W.P.(C)<br /> No.1664/2026 (“ <b>Writ Petition</b> ”) tilted as “ <b><i>M/s Vedanta Ltd. v. The</i></b><br /> <b><i>Nominated Authority, Ministry of Coal, Government of India & Ors.</i></b> ”<br /> whereby the Writ Petition challenging the orders dated 22.12.2025 and<br /> 02.01.2026 passed by the Special Tribunal, Talcher, Odisha in Special<br /> Tribunal Case No.31/2025 was disposed of by holding that the Appellant<br /> shall agitate its grievance before the jurisdictional High Court and granted<br /> <i>status quo</i> qua any precipitative action till the stay application is adjudicated<br /> by the Tribunal.<br /> 2. The Impugned Orders have been challenged by Vedanta Ltd.<br /> (“ <b>Vedanta</b> ”) in LPA No.83/2026 and by the Nominated Authority, Ministry<br /> of Coal, Government of India (“ <b>Nominated</b> <b>Authority</b> ”) in LPA<br /> No.84/2026.<br /> <b>FACTUAL MATRIX</b><br /> 3. The Nominated Authority issued a tender on 18.06.2020 for auction<br /> of coal mines for sale of coal pertaining to Radhikapur (West) Coal Mine<br /> under the Coal Mines (Special Provisions) Act, 2025 (“ <b>Act</b> ”).<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 2 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> 4. Vedanta was successful bidder and a Coal Mine Development and<br /> Production Agreement (“ <b>CMDPA</b> ”) was executed between the President of<br /> India and Vedanta on 11.01.2021. Accordingly, the Vesting Order was<br /> issued by the Nominated Authority on 03.03.2021.<br /> 5. The CMDPA prescribed efficiency parameters and milestones to be<br /> completed within the timelines stipulated against each of the milestones.<br /> The Nominated Authority issued first Show Cause Notice (“ <b>SCN-I</b> ”) to<br /> Vedanta for non-compliance of Milestone 2 (Mining Plan) on 08.02.2022.<br /> Vedanta submitted its reply to SCN-I on 21.02.2022 citing reasons including<br /> delay due to Covid-19 pandemic and issues relating to mine boundary<br /> coordinates. On 18.01.2023, the Nominated Authority dropped SCN-I based<br /> on the recommendation of the Scrutiny Committee.<br /> 6. On 06.06.2024, second Show Cause Notice (“ <b>SCN-II</b> ”) was issued by<br /> the Nominated Authority regarding delay in achievement of Milestone-3 and<br /> non-operationalization of mine. Vedanta submitted reply to SCN-II on<br /> 20.06.2024 stating issues with FC, EC, boundary coordinates, DGPS survey<br /> and sought further time. The Scrutiny Committee examined the reply of<br /> Vedanta to SCN-II and recorded that the issues raised by Vedanta were<br /> already within its knowledge and Vedanta never applied for revision of Zero<br /> Date. Vedanta did not protest the Scrutiny Committee’s findings and<br /> furnished the voluntary undertaking to operationalize the mine by<br /> 03.06.2025.<br /> 7. Despite the expiry of the deadline agreed by Vedanta for<br /> operationalization of the mine on 03.06.2025, Vedanta did not meet the<br /> deadline. Accordingly, the Nominated Authority issued Appropriation Order<br /> dated 21.07.2025 appropriating ₹29.23 crores from the Performance Bank <br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 3 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> Guarantee (“ <b>PBG</b> ”). On 22.07.2025, Vedanta submitted a protest letter<br /> objecting to the appropriation order and filed W.P.(C) No.10686/2025<br /> before this Court challenging the appropriation order.<br /> 8. <i>Vide</i> Judgment dated 02.12.2025, the said Writ Petition was disposed<br /> of with liberty to Vedanta to avail alternative efficacious remedy in<br /> accordance with Section 27 of the Act before the concerned Tribunal<br /> situated at Talcher, Odisha within a period of 10 days from the date of said<br /> Judgment and in the meanwhile, it was directed that the <i> status quo</i> with<br /> respect to the PBG shall continue to operate.<br /> 9. Vedanta filed LPA No.759/2025 against the Judgment dated<br /> 02.12.2025 and <i> vide</i> order dated 10.12.2025, the Coordinate Bench of this<br /> Court disposed of the said appeal with a direction that if Vedanta files any<br /> application for stay while raising a dispute under Section 27(3) of the Act,<br /> the interim protection granted by the learned Single Judge for the period of<br /> 10 days from the date of Judgment dated 02.12.2025 shall continue to<br /> operate till disposal of such stay application provided Vedanta raises the<br /> dispute under Section 27(3) of the Act within 10 days from Judgment dated<br /> 02.12.2025.<br /> 10. Accordingly, Vedanta filed S.T. Case No.28/2025 before the Special<br /> Tribunal at Talcher under Section 27 of the Act challenging the<br /> appropriation orders dated 21.07.2025 on 10.12.2025. Vide order dated<br /> 10.12.2025, the Tribunal issued summons to the Nominated Authority and<br /> directed that the status quo in respect of the Performance Bank Guarantee<br /> granted by this Court shall continue till 20.12.2025.<br /> 11. On 15.12.2025, the Nominated Authority issued a Show Cause Notice<br /> proposing termination of CMDPA and consequential action under Clause<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 4 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> 26.3.1(t) of CMDPA (“ <b>SCN-III</b> ”). Vedanta filed S.T. Case No.31/2025<br /> before the Tribunal on 22.12.2025 challenging the SCN-III. <i> Vide</i> order dated<br /> 22.12.2025, the Tribunal admitted the case and issued the summons to the<br /> respondents in the said proceedings and fixed the matter on 13.01.2026. As<br /> the Tribunal did not grant <i> ex parte</i> interim relief, Vedanta filed W.P.(C)<br /> No.19814/2025 before this Court challenging SCN-III. <i> Vide</i> order dated<br /> 26.12.2025, the Vacation Bench of this Court issued notice to the<br /> Nominated Authority and directed the Nominated Authority to not take any<br /> action pursuant to SCN-III till the next date of hearing in the Petition, which<br /> was listed on 07.01.2026 before the Roster Bench. On 07.01.2026, the<br /> matter could not be taken up and adjourned to 25.02.2026.<br /> 12. In the meanwhile, on 02.01.2026, the Tribunal adjourned S.T. Case<br /> No.31/2025 along with the stay application to 13.01.2026.<br /> 13. The Nominated Authority filed an application for vacation of the<br /> injunction granted <i> vide</i> order dated 26.12.2025 in W.P.(C) No.19814/2025<br /> on 20.01.2026, on which date this Bench granted ten days to Vedanta to file<br /> Rejoinder Affidavit as also the objection to the application for vacation of<br /> the stay and preponed the hearing of the matter to 05.02.2026.<br /> 14. During the pendency of W.P.(C) No.19814/2025, Vedanta filed the<br /> Writ Petition challenging the orders dated 22.12.2025 and 02.01.2026<br /> passed in S.T. Case No.31/2025 before the single judge of this Court on<br /> 01.02.2026.<br /> 15. When W.P.(C) No.19814/2025 along with the application for vacating<br /> the interim injunction filed by the Nominated Authority was listed on<br /> 05.02.2026 before this Bench, the learned Senior Counsel for Vedanta<br /> informed about filing of the Writ Petition and sought time to seek<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 5 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> instructions for withdrawing W.P.(C) No.19814/2025. Accordingly, on<br /> 09.02.2025, W.P.(C) No.19814/2025 was withdrawn in view of the<br /> proceedings in the Writ Petition.<br /> 16. On 07.02.2016 and 09.02.2026, the learned Single Judge has passed<br /> the Impugned Orders and being aggrieved by the same, the present Appeals<br /> have been preferred by Vedanta and the Nominated Authority, respectively.<br /> <b>SUBMISSIONS ON BEHALF OF THE VEDANTA</b><br /> 17. Vedanta has challenged the Impugned Orders to the limited extent<br /> that the same held that this Court has no territorial jurisdiction to entertain<br /> the Writ Petition against the Nominated Authority since the mine as well as<br /> the Tribunal is situated in Odisha.<br /> 18. Learned Senior Counsel for Vedanta submitted that this Court has the<br /> territorial jurisdiction to entertain and decide the Writ Petition against the<br /> orders passed by the Nominated Authority irrespective of the location of the<br /> mine and the seat of the Tribunal under the Act. This Court has exercised<br /> jurisdiction in several writ petitions, in which orders passed by the Tribunal<br /> under Section 27 of the Act were challenged although the mines as well as<br /> the Tribunal were not situated within the territorial jurisdiction of this Court.<br /> 19. It was further submitted that even the orders passed by the Tribunal in<br /> the appeal against the original order by the Nominated Authority can be<br /> challenged before this Court as the Nominated Authority, which passed the<br /> original order, is within the jurisdiction of this Court. In support of this<br /> submission reliance was placed on <b><i> Chinteshwar Steel Pvt. Ltd. v. Union of</i></b><br /> <b><i>India</i></b> , 2013 SCC OnLine Del 4744, wherein this Court has held that when<br /> original authority is situated in one High Court and the Appellate Authority<br /> is situated in the jurisdiction of another High Court, writ petition is<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 6 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> maintainable in both the High Courts as a part of cause of action can be said<br /> to have arisen in both the courts. It was further held that the petitioner would<br /> have the liberty to choose where he would like to file his writ petition,<br /> however, the High Court before whom the said writ petition is filed would<br /> have the discretion to refuse to entertain it on the ground of forum<br /> conveniens.<br /> 20. Learned Senior Counsel for Vedanta submitted that the Impugned<br /> Orders are contrary to the law laid down in <b><i> Chinteshwar Steel Pvt. Ltd. v.</i></b><br /> <b><i>Union of India</i></b> ( <i>supra</i> ) as Vedanta will be precluded from filing any writ<br /> petition before this Court despite the fact that entire cause of action<br /> including conduct of auction, acceptance of bid, allocation of coal block,<br /> execution of CMDPA, issuance of Vesting Order, issuance of Show Cause<br /> Notice, submission of reply to the Show Cause Notice, proceedings held by<br /> the Scrutiny Committee, decision to appropriate PBG and to initiate<br /> termination of CMDPA have taken in New Delhi and the Nominated<br /> Authority is having its permanent office solely within the territorial<br /> jurisdiction of this Court. Accordingly, this Court will have jurisdiction to<br /> entertain the Writ Petition, and the Impugned Orders have wrongly decided<br /> to the contrary.<br /> 21. It was further submitted that the learned Single Judge failed to<br /> appreciate that there was neither any pleading nor any material that was<br /> placed by the Nominated Authority on record before the learned Single<br /> Judge to show as to how this Court has no jurisdiction or it is not a<br /> convenient forum for the Nominated Authority.<br /> 22. This Court vide order dated 10.12.2025 passed in LPA No.759/2025<br /> had granted interim relief against the appropriation of the Performance Bank<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 7 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> Guarantee till the matter is decided by the Tribunal, which is still pending.<br /> The Nominated Authority did not take the objection of lack of territorial<br /> jurisdiction of this Court when the said order was passed. Accordingly, the<br /> Writ Petition challenging the orders dated 22.12.2025 and 02.01.2026<br /> passed by the Tribunal in S.T. Case No.31/2025 challenging the Show<br /> Cause Notice dated 15.12.2025 is maintainable before this Court.<br /> <b>SUBMISSIONS ON BEHALF OF THE NOMINATED AUTHORITY</b><br /> 23. The Nominated Authority has challenged the Impugned Orders on the<br /> limited aspect of grant of interim protection to Vedanta despite holding that<br /> this Court lacks territorial jurisdiction to entertain the Writ Petition.<br /> 24. The learned Counsel for the Nominated Authority submitted that<br /> despite expressly agreeing with the contention of the Nominated Authority<br /> that this Court did not have territorial jurisdiction to entertain a challenge to<br /> orders passed by the Tribunal at Talcher, Odisha, the Impugned Orders<br /> granted <i> status quo</i> qua any precipitative action against Vedanta till<br /> adjudication of the stay application pending before the Tribunal.<br /> 25. It was further submitted that the learned Single Judge erred in<br /> granting interim protection to Vedanta by referring to previous interim<br /> protection granted while recording that any challenge to the orders passed by<br /> the Tribunal situated at Talcher, Odisha would lie before the jurisdictional<br /> High Court. Accordingly, the Impugned Orders suffers from patent<br /> jurisdictional contradiction as they declined to exercise jurisdiction on one<br /> hand, while exercising it to restrain statutory and contractual action against<br /> Vedanta, on the other.<br /> 26. It was submitted on behalf of the Nominated Authority that Vedanta<br /> has repeatedly invoked the writ jurisdiction of this Court instead of pursuing<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 8 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> alternative remedies within the statutory framework of the Act. Vedanta has,<br /> deliberately and with calculated attempt, invoked the jurisdiction of this<br /> Court notwithstanding express direction by this Court to pursue remedies<br /> before the jurisdictional forum.<br /> 27. It was further submitted that the Impugned Orders are without<br /> jurisdiction as the same are passed without considering the merits of the<br /> matter. The learned Single Judge has granted substantive interim protection<br /> without recording any satisfaction of the settled trinity test of <i> prima facie</i><br /> case, balance of convenience or irreparable injury.<br /> 28. It was submitted that the learned Single Judge after holding that he<br /> had no territorial jurisdiction to entertain the Writ Petition, nonetheless<br /> granted protection to Vedanta thereby allowing it to be a beneficiary of<br /> repeated forum shopping and serial invocation of writ jurisdiction before<br /> this Court, which itself has held that it lacks the jurisdiction to entertain the<br /> Writ Petition.<br /> 29. The learned Counsel for the Nominated Authority submitted that the<br /> interim protection granted <i> vide</i> the Impugned Orders was neither warranted<br /> in equity nor sanctioned by law. As a result of passing of the Impugned<br /> Orders, the Show Cause Notice dated 15.12.2025 has been stayed, rendering<br /> the Nominated Authority unable to proceed further until the adjudication of<br /> the stay application by the Tribunal. The Impugned Orders are contrary to<br /> the well settled law laid down by catena of judgments of the Supreme Court<br /> as well as this Court that a Show Cause Notice ought not to be interdicted<br /> unless it is issued without jurisdiction or constitutes a gross abuse of the<br /> process. As no such case was pleaded, demonstrated or <i> prima facie</i><br /> recorded in the Impugned Orders, the same are liable to be set aside to the<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 9 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> extent that they grant the interim protection to Vedanta while holding that<br /> this Court has jurisdiction to entertain the Writ Petition.<br /> 30. The learned Counsel for the Nominated Authority relied upon<br /> <b><i>Okinawa Autotech International Pvt. Ltd. & Anr. v. Union of India</i></b> , 2024<br /> SCC OnLine Del 7180, which held that the Show Cause Notice does not<br /> amount to a final decision and should the final decision be adverse, the<br /> petitioner shall have right to challenge such a decision through an<br /> appropriate legal remedy as provided by law.<br /> 31. It was submitted that the judicial interference at the stage of Show<br /> Cause Notice is tantamount to entertaining the writ petition at a premature<br /> stage since no adverse order has yet been passed and no right of noticee<br /> stand affected as the writ remedy arises only upon passing of a final order<br /> having civil consequences and not at a stage when the statutory authority is<br /> yet to apply its mind and take a decision.<br /> 32. It was further submitted by the learned Counsel for the Nominated<br /> Authority that the Impugned Orders do not evaluate or hold that Vedanta has<br /> any enforceable legal right to restrain any action by the Nominated<br /> Authority at the Show Cause Notice stage and granting a restraint order in<br /> absence of this basic finding was arbitrary and contrary to settled principles<br /> governing grant of interim relief.<br /> 33. It was also submitted that permitting Vedanta to enjoy interim<br /> protection by indulging in forum shopping to serial petitions in different<br /> forms undermines judicial discipline, defeats statutory remedies and erodes<br /> finality of prior directions.<br /> 34. The learned Counsel for the Nominated Authority submitted that the<br /> orders impugned in the Writ Petition were passed by the Tribunal at Talcher,<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 10 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> Odisha and, therefore, only the jurisdictional High Court of Odisha could<br /> have exercised judicial review as correctly held by the learned Single Judge.<br /> However, the learned Single Judge could not have granted interim relief<br /> while indirectly exercising the jurisdiction which was found to be not<br /> existing. The statutory framework under the Act envisages adjudication by<br /> the Tribunal at Talcher and supervisory jurisdiction by the jurisdictional<br /> High Court within whose territory the Tribunal functions and cause of action<br /> arises. In <b><i> L. Chandra Kumar v. Union of India</i></b> , (1997) 3 SCC 261, it has<br /> been held that the Tribunals will continue to act like courts of first instance<br /> in respect of the areas of law for which they have been constituted and all<br /> decisions of these Tribunals will be subject to scrutiny before a Division<br /> Bench of the High Court within whose jurisdiction the Tribunal concerned<br /> falls.<br /> 35. It was further submitted that the Impugned Orders bypass the<br /> jurisdictional High Court and permit Vedanta to continue to enjoy the<br /> interim relief granted by a non-jurisdictional High Court merely because<br /> previously interim protection was granted there, thereby defeating territorial<br /> discipline and comity between High Courts.<br /> 36. It was submitted on behalf of the Nominated Authority that the<br /> learned Single Judge failed to consider that parallel proceedings on the same<br /> subject matter cannot be permitted especially when Vedanta has already<br /> invoked the Tribunal’s jurisdiction and simultaneously invoked writ<br /> jurisdiction.<br /> <b>ANALYSIS AND FINDINGS</b><br /> 37. The present Appeals raise two important issues for consideration by<br /> this Court. <i> Firstly</i> , whether this Court has the territorial jurisdiction to<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 11 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> entertain and decide the Writ Petition challenging the orders passed by the<br /> Tribunal, which is not located within the jurisdiction of this Court, in the<br /> proceedings challenging the Show Cause Notice issued by the Nominated<br /> Authority situated within the jurisdiction of this Court and <i> secondly</i> , whether<br /> this Court has power to grant interim measures while refusing to entertain<br /> the Writ Petition due to lack of territorial jurisdiction.<br /> <b>Re: Territorial Jurisdiction:</b><br /> 38. As regards the first issue, the learned Single Judge in the Impugned<br /> Orders has held that in the facts of the present case, the relief sought by the<br /> Appellant before this Court cannot be granted since the Tribunal, which<br /> passed the orders that were challenged by way of the Writ Petition, is not<br /> located within the territorial jurisdiction of this Court. The Appellant has<br /> invoked the jurisdiction of this Court on the basis that SCN-II was issued by<br /> the Nominated Authority within the jurisdiction of this Court.<br /> 39. To confer the jurisdiction on this Court for exercising the writ<br /> jurisdiction, it is necessary that either the authority or appellate authority is<br /> situated within the territorial jurisdiction of this Court. The Appellant sought<br /> to argue that since the Nominated Authority is located within the jurisdiction<br /> of this Court, which issued SCN-III, this Court ought to have exercised the<br /> jurisdiction as held in <b><i> Chinteshwar Steel Pvt. Ltd.</i></b> ( <i>supra</i> ), wherein it is held<br /> that when the original authority and appellate authority are situated in two<br /> different High Courts, both High Courts shall have jurisdiction to entertain<br /> the writ petition.<br /> 40. It is settled law that when original authority is situated within the<br /> jurisdiction of one High Court and the Appellate Authority situated in the<br /> jurisdiction of another High Court, writ petition is maintainable in both the<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 12 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> High Courts as a part of cause of action can be said to have arisen within<br /> jurisdiction of both the High Courts and the petitioner would be at liberty to<br /> choose where he would like to file his writ petition, however, the High Court<br /> before whom the said writ petition is filed would have the discretion to<br /> refuse to entertain it on the ground of <i> forum conveniens</i> .<br /> 41. In <b><i> Sterling Agro Industries Ltd v. Union of India and Others</i></b> , 2011<br /> SCC OnLine Del 3162, the Full Bench of this Court has held that even if a<br /> minuscule part of cause of action arises within the jurisdiction of a High<br /> Court, a writ would be maintainable before that High Court, however that<br /> part of cause of action must constitute a material, essential, or integral part<br /> of the cause of action as laid down in <b><i> Alchemist Ltd. v. State Bank of</i></b><br /> <b><i>Sikkim</i></b> , (2007) 11 SCC 335. It was further held that the location of the<br /> appellate or revisional authority alone would not constitute forum<br /> convenience as it will vary from case to case and depend upon the lis in<br /> question. Therefore, it was held that while exercising the writ jurisdiction,<br /> the doctrine of forum convenience and the nature of cause of action are<br /> required to be scrutinized by the High Court depending on the factual matrix<br /> of each case.<br /> 42. In the facts of the present case, the Nominated Authority has not<br /> passed any order and has only issued SCN-III proposing termination of<br /> CMDPA and consequential action under Clause 26.3.1(t) of CMDPA. SCN-<br /> III has been challenged in S.T. Case No.31/2025 before the Tribunal. As the<br /> Tribunal did not grant interim relief vide order dated 22.12.2025, Vedanta<br /> filed W.P.(C) No.19814/2025 before this Court challenging SCN-III, which<br /> was withdrawn in view of Writ Petition challenging order dated 22.12.2025<br /> passed by the Tribunal in S.T. Case No.31/2025.<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 13 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> 43. The challenge in the Writ Petition pertains to the Tribunal's order<br /> dated 22.12.2025, which denied interim relief with respect to SCN-III. There<br /> was no contest to SCN-III itself. Consequently, the presence of the<br /> Nominated Authority within this Court’s jurisdiction offers no benefit to the<br /> Appellant, as the issuance of SCN-III did not constitute a decision that<br /> would provide Vedanta grounds to pursue a Writ Petition. The Writ Petition<br /> is specifically directed against orders issued by the Tribunal. Therefore,<br /> Vedanta’s assertion that part of the cause of action arose within this Court’s<br /> jurisdiction due to SCN-III being issued by the Nominated Authority located<br /> here is untenable, since the issuance of SCN-III is not under challenge. The<br /> order under challenge in the Writ Petition has been passed by the Tribunal,<br /> which falls outside this Court’s jurisdiction.<br /> 44. It is established law that a show cause notice does not amount to a<br /> final determination, and if an adverse final decision is rendered, the<br /> petitioner retains the right to seek an appropriate legal remedy, as affirmed<br /> in <b><i> Okinawa Autotech</i></b> ( <i>supra</i> ).<br /> 45. Accordingly, the Nominated Authority has not passed any order<br /> which is in appeal before the Tribunal and, therefore, the law laid down in<br /> <b><i>Chinteshwar Steel</i></b> ( <i>supra</i> ) that when original authority and the appellate<br /> authority are situated in two different High Courts, both High Courts will<br /> have jurisdiction to entertain the writ petition and it is the petitioner who<br /> would have liberty to chose the High Court in which the petition is to be<br /> filed, will not apply in the facts of the present case. As SCN-III only called<br /> upon the Appellant to submit response in writing within 15 days of the<br /> receipt of SCN-III as to why action under Clause 10.3 read with Clause<br /> 26.3.1(t) of the CMPDA dated 11.01.2021 should not be taken by the<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 14 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> Nominated Authority for termination of the agreement on the ground of<br /> public interest, the same is not an order passed by the Nominated Authority.<br /> 46. Therefore, material, essential and dominant cause of action has not<br /> arisen within the jurisdiction of this Court and, accordingly, the submission<br /> of the Appellant that this Court ought to have exercised jurisdiction on the<br /> basis of issuance of SCN-III within the jurisdiction of this Court is<br /> untenable. By issuing SCN-III, no order has been passed and accordingly<br /> forum convenience would be in the jurisdictional High Court where the<br /> Tribunal is situated.<br /> 47. In view of the above, we concur with the view taken by the learned<br /> Single Judge in the Impugned Orders. Hence, the Appeal filed by Vedanta<br /> being LPA No. 83/2026 along with the pending applications deserves to be<br /> dismissed.<br /> <b>Re: Grant of interim measure while dismissing the Writ Petition:</b><br /> 48. The grievance of the Nominated Authority in the Appeal filed by it<br /> being LPA No. 84/2026 is that once the learned Single Judge has dismissed<br /> the Appeal on the ground of lack of territorial jurisdiction, no protection to<br /> Vedanta could have been granted in form of interim relief whereby <i> status</i><br /> <i>quo qua</i> any precipitative action was directed to be maintained till the<br /> application of stay of SCN-III is adjudicated by the Tribunal.<br /> 49. It was submitted on behalf of the Nominated Authority that the<br /> learned Single Judge granted interim protection without duly recording<br /> satisfaction regarding the established trinity test: <i> prima facie</i> case, balance<br /> of convenience, and irreparable injury. Furthermore, it was submitted that<br /> the issuance of the Impugned Orders has resulted in a stay of SCN-III,<br /> thereby preventing the Nominated Authority from proceeding further. It was<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 15 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> also contended that allowing Vedanta to benefit from interim protection<br /> through forum shopping has caused significant prejudice to the Nominated<br /> Authority, as such actions could undermine judicial discipline and impede<br /> statutory remedies.<br /> 50. The learned Senior Counsel for Vedanta has submitted that the<br /> Impugned Orders granted limited interim protection till such time the stay<br /> application filed by Vedanta is adjudicated by the Tribunal. Therefore, the<br /> grant of status quo with regard to any precipitative action was justified as<br /> otherwise the appeal filed by Vedanta before the Tribunal would have<br /> become infructuous.<br /> 51. Upon careful consideration of the submissions made by both Parties,<br /> we are of the view that that the Impugned Orders observe that Vedanta's<br /> grievance should be addressed before the jurisdictional High Court given<br /> that material and dominant cause of action did not arise within this Court's<br /> jurisdiction. Consequently, the Writ Petition was dismissed as it was deemed<br /> more appropriate for Vedanta to pursue its remedy in the High Court of<br /> Orissa, where the essential cause of action has arisen.<br /> 52. The learned Single Judge declined to exercise jurisdiction due to<br /> considerations of forum convenience and the absence of a dominant cause of<br /> action within this Court’s jurisdiction. Given the unique and peculiar<br /> circumstances of the case, limited interim protection was granted to maintain<br /> <i>status quo</i> regarding any precipitative actions until the adjudication of the<br /> stay application by the Tribunal considering the previous interim orders<br /> passed by this Court granting protection to Vedanta. Therefore, the learned<br /> Single Judge granted interim protection for maintaining <i> status quo</i> in the<br /> interest of justice.<br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 16 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10<br /><br /> 53. Hence, we do not find any infirmity with the direction passed by the<br /> learned Singel Judge in the Impugned Orders to maintain <i> status quo qua</i> any<br /> precipitative action till such time the stay application is adjudicated by the<br /> Tribunal as the same is limited in nature as to the scope and timing and<br /> protects the interests of both Parties.<br /> 54. Therefore, we do not find any merit in the Appeal filed by the<br /> Nominated Authority being LPA No. 84/2026, which also deserves to be<br /> dismissed.<br /> 55. Accordingly, both LPA Nos. 83/2026 and 84/2026 along with<br /> pending Application(s), if any, are hereby dismissed. There shall be no order<br /> as to costs.<br /> <b>TEJAS KARIA, J</b><br /> <b>DEVENDRA KUMAR UPADHYAYA, CJ</b><br /> <b>APRIL 10, 2026</b><br /> <i>Gsr/ap</i><br /> Signature Not Verified<br /> <i>LPA 83/2026 & LPA 84/2026</i> <i>Page 17 of 17</i><br /> Signed By:NEELAM<br /> SHARMA<br /> Signing Date:10.04.2026<br /> 17:23:10</div>