Bombay High Court
Scl Mercury Pte Ltd vs Sarr Freights Limited on 20 June, 2024
Digitally signed
2024:BHC-OS:8915
by MULEY
SHUBHAM
MULEY PRAVINRAO
SHUBHAM Date:
PRAVINRAO 2024.06.20
16:44:30 1 904-CARBPL-14100-2024.doc
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION (L) NO. 14100 OF 2024
SARR Freights Limited ... Petitioner
V/s.
SCL Mercury Pte. Ltd & Anr. ... Respondents
WITH
INTERIM APPLICATION (L) NO. 18887 OF 2024
WITH
LEAVE PETITION (L) NO. 17998 OF 2024
WITH
INTERIM APPLICATION (L) NO. 17514 OF 2024
WITH
INTERIM APPLICATION (L) NO. 18887 OF 2024
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Mr. Rahul Narichania, Sr. Counsel i/by Bimal Rajasekhar for Petitioner.
Mr. Prathamesh Kamat (through VC) a/w Apurva Mehta and Aananya Daniel
i/by ANB Legal for Respondent No.1 in CARBP(L)/14100/2024 and Applicant in
IAL/18887/2024.
Ms. Ridhi Nyati for Respondent No.2
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CORAM : ARIF S. DOCTOR, J.
DATE : 20th JUNE, 2024 Shubham 1/6 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 22/06/2024 03:57:36 ::: 2 904-CARBPL-14100-2024.doc P.C.:-
1. After hearing parties at some length, it was agreed by Learned Counsel for the parties and their respective clients that the Section 9 Petition could be disposed of in the following terms.
2. Respondent No.1 is the owner of the Vessel MV SCL Mercury. Respondent No.2 is the charterer of the vessel and the Petitioner is the Sub- Charterer. The Vessel is carrying cargo of One Phase Two Winding Power Transformer which is said to belong to Nuclear Power Corporation of India Ltd. ("NPCIL").
3. Respondent No. 1 states that the Vessel, MV SCL MERCURY will arrive at Tuticorin Port today 20th June 2024 at around Noon and will be ready to discharge cargo carried under Bill of Lading No. RJKTUT20232024064 dated 12.06.2024.
4. In full and final settlement of all claims / counter claims / disputes inter-se between the parties (whether in contract, indemnity or otherwise), all parties have agreed and undertake as follows:
a. Petitioner shall pay INR 1,62,82,500/-, equivalent to the sum of USD 195,000/-, to Respondent No. 1, forthwith on receipt of an invoice from Respondent no.1, which shall be issued no later than 1330 hrs Shubham 2/6 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 22/06/2024 03:57:36 ::: 3 904-CARBPL-14100-2024.doc today, i.e. 20 June 2024; After payment is received, Respondent no.1 shall issue a letter addressed to Sarr Freights Corporation stating that, "Load port detention in respect of the vessel SCL Mercury's voyage from Croatia to India has been fully and finally settled".
b. Petitioner shall pay the sum of USD 145,000/- to Respondent No. 2 forthwith on receipt of an invoice from Respondent no.2, which shall be issued no later than 1330 hrs today, i.e. 20 June 2024. Petitioner shall endeavour to provide the Swift advice by 21 st June 2024; c. Petitioner confirms that trucks, lorries are mobilized and are ready to take delivery of the cargo upon discharge under hook; d. Upon execution of these terms and passing of this Order, Original Bill of Lading No. RJKTUT20232024064, dated 12.06.2024, will be released to Sarr Freight Corporation, which will be endorsed and surrendered back to Respondent no. 1 for release of delivery orders to Respondent no. 2.
e. Detention shall become applicable 24 hours after berthing of the vessel @ USD 12000 PDPR. Petitioner / Sarr Freight Corporation agrees to make payment to the Respondent no. 1 of any discharge port detention beyond 24 hours after berthing. No liability for discharge Shubham 3/6 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 22/06/2024 03:57:36 ::: 4 904-CARBPL-14100-2024.doc port detention shall lie on Respondent No. 2 f. Mr. Sunil Kapoor, Managing Director of the Petitioner present in Court, undertakes that payment towards detention charges as per 4(e) shall be paid to the Respondent no. 1 within 2 days of discharge of cargo. Undertaking is accepted.
g. Respondent no. 1 shall issue the Delivery Order to Respondent no. 2 upon the original endorsed Bill of Lading being surrendered. h. Respondent no. 2 shall hand over Delivery Order to the port forthwith upon receipt of payment from Petitioner as mentioned in 4(b) above, in their bank account.
i. Petitioner undertakes that it shall not remove the cargo trailers from the port premises without the delivery order.
j. Any claim for damage to the cargo shall be as per terms of the Bill of Lading No. RJKTUT20232024064 dated 12.06.2024. Parties have agreed to appoint a surveyor to conduct joint survey before discharge. Respondent no. 2 shall not be liable for any cargo damage claim. k. Upon execution of terms of this Agreement, no claims shall lie interse the parties or the Vessel, SCL Mercury, save and except as per clause 4 Shubham 4/6 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 22/06/2024 03:57:36 ::: 5 904-CARBPL-14100-2024.doc above.
5. The V.O. Chidambaranar Port / Tuticorin Port is directed to permit the vessel to berth immediately upon arrival and discharge the cargo under hook on trailers provided by the Petitioner/ NPCIL at first instance without insisting on issuance/receipt of the Delivery Order.
6. Save and except what is stated in these consent terms above, discharge and delivery of cargo shall be as per Booking Note dated 13 th December 2024, between the Respondents and the Booking Note dated 13 th December 2024 between Respondent and the Petitioner.
7. Port, Customs, NPCIL and other statutory authorities to act on, an ordinary copy digitally signed by an Associate of this Court and to render all necessary co-operation to the parties.
8. Undertakings of all parties as above are accepted.
9. All parties representing through counsels confirm that their respective clients i.e. Mr . Sunil Kapoor on behalf of Petitioner; Mr. Anand Sheth on behalf of the Respondent no. 1 and Mr. Santosh Shetty on behalf of the Respondent no. 2, have given their consent to the passing of the present order. Shubham 5/6 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 22/06/2024 03:57:36 :::
6 904-CARBPL-14100-2024.doc
10. It is made clear by this Court that upon production of the SWIFT advice by the Petitioner evidencing payment of the amount to Respondent No.2 as mentioned in clause 4(b) above; if for any reasons attributable to the Respondent No.2, and in event not attributable to the Petitioner, the monies are not credited to the bank account of Respondent No.2, then in that event, the Petitioner/NPCIL will be forthwith entitled to apply to the Court to take delivery of the said cargo from the port and customs authorities. Liberty to apply to the Court in this regard is granted to the Petitioner. All parties will cooperate in this regard.
11. In view of the above, all Interim Applications, if any, are disposed of accordingly.
(ARIF S. DOCTOR, J.) Shubham 6/6 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 22/06/2024 03:57:36 :::