Andhra Pradesh High Court - Amravati
Rashtriya Ispat Nigam Limited Rinl vs M/S Gangavaram Port Limited on 25 February, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
TUESDAY THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAI
AND TWENTY FIVE :
'PRESENT:
HONOURABLE SRI JUSTICE NINALA JAYASURYA
AND
HONOURABLE SMT JUSTICE SUMATHI JAGADAM
IA Nos. 1 & 2 OF 2023
iN
GCOMCA NO: 11 OF 2024
Between:
Adan! Gargavaram Port LimitedGormerly Known as M/s. Gangavaram Port
Lintied), Rep. by its Authorised Signatory, having Registered Office at
Hansa Plaza, Plot No.79S, Road No.36, Jublee Hills, Hyderabad-S00 O03.
Petitioner Respondent Na.
AND .
1. Rashtriya ispat Nigam Limited (RINL), {A Government of india
Undertaking}, Visakhapatnam Steel Plant, Represented by tts
Authorised Signatory, (Gri Y Nageswara Rac, DGM (MAM)}, since
Retired now presently Rep. by Sri Bhandaru Venkatesh S/o Late Sh. B
Purneswar Rao, Aged about 56 years, Ooc: General Manager (MM-
Purchase} Registered Offce at Main Administrative Sufiding,
Visakhapainarm Sieal Plant, Visakhapainam-830 097, AP. India.
. Respondent No. V/Apnellant
é. Hor'ble Sri. Justice Saadatulla Hussaini (Reid), (Former Judge of High
Court af Andhra Pradesh}, H.No.18-9-422/3/1A and VB, Old Malakpet,
Hyderabad-S00 036.
3. Han'ble Sr. Justices Vilas V_Afzalpurkar {Rete}, , (Former Judas of High
Court of Judicature at Hyderabad for the State of Telangana and the
St
fate of Andhra Pradesh}, Fiat No. 407 and 402, Ruby Biock, Lumbini
Rockdale, Beside Canady Office, Somangquda, Hyderabad-S08 O82,
4. Hon'ble Sx. Justice V.Suri Apna Rao (Reid), (Farmer Judge of High
Court of Samafaka and High Court of Andhra Fradesh}, Flat No S09,
SS Granduer "perme Phase V, Near O Mart. KRHE Kukatnally,
Hyderabad-So00 0
Respondents
LANo.1 of 2023:
Petition under Section 151 CRC praying that in the circumsfances
slated in the affidavit fled in support of the petition, the High Court may be
nieased fo permit the pellionerfrespondent nol to withdraw the amount
denasited by the anpelfant before the Cormmercial Court, Visakhapainam,
sending disposal of COMCA Na. 17 of £027, on the fle of the High Court.
L.ANo? of 20283:
Petition under Section 184 CPC graying that in the circumstances
stated in the affidavit fled in supper! of {he peiltion, the High Cour may be
pleased fo vacate the interim order dated 16.04.2027 passed in LANo.t of
YS 4
2021 in COMCA Noid of 20287 and dismiss the above appeal, pending
disposal af COMCA No. 11 of 2027, on the Ne of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the orders of the High Court dated
{6.04 2021 made herein and upon hearing the arguments of Sn DS Siva
Darshan, Advocate for the Aspellant and of Sri Vosubrahmanyam, Advocate
for Respandent Not,
Tre Court made the following
ORDER:
. "These fwo LAs seeking permission to withdraw the amount deposited oursuant ta the interim order dated 18, 04,2021 and to vacate the said order respectively are disposed of by this caTHNON order,
- Heard fearned counsel for the peliticnerfrespendent. Also heard learned counsel for the raspondentlappellant.
Perused the order dated 16.04.2021.
The learned counsel for the appellant submits that the conditional! order has been complied with. However, Hf the petitioner/respondent is permitted to withdraw the same, it would be difficult for the appellant to recover the sare, in the event, the appeal is decided In Hs favour. He also made submissions with reference to the averments made in the counter-affidavit opposing the petition seeking withdrawal of the deposited amount.
Whereas the learned counsel for the petitioner/respondent made submissions inter afia that in the light of the decisions of the Hon'ble Supreme Court, itis well settled that in an appeal filed under Section Jf of the Arbitration and Conciliation Act against the orders passed by the Commercial Court in O.P filed under Section 34 of the said Act, the scope of interference of this Court is limited. Further that in the present case, inferim orders were granted long back. Relying on the decisions of the Hon'bie Supreme Court in Larsen Air Conditioning and Refrigeration Company v. Union of india', Manish v. Gedawarl Marathawadca Irrigation Develooment Corporation', Kanpur Jal Sansthan and another v. Bapu Constructions', Balmer Lawrie & Co.Ltd. v. Shilpi Engineering Pvt. Lids? and Power Mech Projects Lid.' v. Sepco Electric Power Construction Corporation', he submits that the entire decreetal amount was required io be deposited by the appellants. Be that as it may.
He submits that pending disposal of the appeal, fhe patitionerrespondent is entitled to withdraw the §0% of the amount deposited pursuant to the interim order dated 16.04.2027. He also "2023 SES Online 30 382 2024 C0 Online Sarnbay 758 * 2020 SCC Online Delhi 2049 submits that the petitionerrespondent company is a Solvent company, a8 asserted in the affidavit fled along with the mame dated 24.03.9035.
Considered the submissions made by the learned counsel on both sides. Though the learned counsel for the petitioner/respondent submits thal the scope of interference in a matter iike this is limited, the anneal has to be heard finally. Keeping in view the time constraints, pending Ning! adjudication of the appeal, it is deemed appropriate to permit the pettioner/respondent te withdraw the §0% amount deposited by the appellant without furnishing any security and 80% of the amount by furnishing Solvency security to the satisfaction of the Special Judge for Trial and Disposal of the Commercial Disputes, Visakhapatnam.
Accordingly, these Inferlocutory Applications are disposed of."
SDy- EC. KAMESWARA RAO JOINT REGISTRAR TRUE COPYH SECTION OFFICER To,
1. The Registrar(Judicial}, High Court of A.P., Amaravati, @ The Special Judge for Trial and Cispasai of the Cammercial Cisoutes, Visakhapainain.
3. Adani Gangavaram Port Linvted(fermerly Known as Mis. Gangavaram Port Limited}, Rep. by its Authorised Signainry, having Registered Office af Hansa Plaza, Plof No 79S, Road Neo.g6, dubilee Hills, eee 200 003 (By RPAD}
4. One CC to SRIV SUBRAHMANYAM Andvorate POPU S. Une CC toSRI OS SIVADARSHAN Advocate FOR UC S. The Section Officer, O.S.Sention, High Court of AP. Arnaravall.
?. One spare copy.
HIGH COURT DATED 2h/02/2028 NOTE: LIST THE MATTER ON 30.08.2025, UNDER THE CAPTION OF 'RINAL HEARING', ORDER LANOS 1 AND 2 OF 2023 iN COMCANo.17 of 2027 CHRECTION