Andhra Pradesh High Court - Amravati
Rashtriya Ispat Nigam Limited, Rinl vs United Freight Carriers Private ... on 27 July, 2021
Bench: C.Praveen Kumar, B Krishna Mohan
2
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT]
TUESDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY-ONE=:
PRESENT SO.
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
COM.C.A. No. 2 of 20214
Between ;-
Rashtriya Ispat Nigam Limited (RINL), Visakhapatam Steel Plant,
Having its Registered Office at Main Administration Building, a
Visakhapatnam-530 031, Represented by its Assistant General Manager (MM)-Stores,
sri Kandregula Sreenivasa Rao, S/o. Sri Peri Naidu, R/o. Srinagar, Near Rama Talkies,
Visakhapatnam -530 016, .
.... Appellant
AND
1.M/s. United Freight Carriers Private Limited, Rep. by its Managing Director,
sri P. Mohandas, Having Office at : Flat No. 25, Vinayaka Paradise,
Near Srinagar Bus Stop, Gajuwaka, Visakhapatnam -530 026.
2.Sri Justice (Retd.), G.V. Seethapathy, Sole Arbitrator, Former Judge,
High Court of Andhra Pradesh, R/o. Plot No.34, D.No. 5-8-30/34,
Govardhanapuri Gardens, Yapral, Secunderabad -500 087.
.. Respondents
Appeal under Section 13 of the Commercial Courts Act R/w. Section-37 of
Arbitration and Conciliation Act, 1996, praying that in circumstances stated in the
memorandum of grounds filed herein, the High Court may be pleased to set aside the
Order and decree dated 26-8-2020 passed in C.A.0.P.No. 30/2018 on the file of the
Special Judge for Trial and Disposal of Commercial Disputes, Visakhaptnam and the
Award dated 26-05-2018 passed by the 2™ Respondent/Sale Arbitrator, with costs.
1.A.No.1 of 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to suspend
the operation of order passed in C.A.O.P.No. 30 of 2018, dated 26.8.2020 on the file
of the Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam
including Award dated 26.5.2018 passed by the sole Arbitrator, pending disposal of
COMCA.No.2 of 2021 on the file of the High Court.
The appeal coming on for hearing, upon perusing the appeal and the grounds
filed herein, and the order of the High Court dated 08-02-2021 made in |.A.No.1 of
2021, and upon hearing the arguments of Sri W.B. Srinivas, Advocate for the appellant
and of Sri K.B. Ramanna Dora, Advocate for respondent, the Court while admitting the
appeal, made the following
ORDER:-
"Heard Sri W.B.Srinivas, learned counsel for the appellant, and Sri K.B.Ramanna Dora, learned counsel for the 1° respondent. Admit.
Pursuant to an order dated 8.2.2021, in LA.No.1 of 2021, the appellant herein deposited 50% of the awarded amount with interest. Since the amount is deposited, the 1 respondent seeks permission for withdrawal of the same. Though Sri W.B.Srinivas opposed the same, however, submits that the same may be permitted on some terms and conditions. Contd...2....
Accordingly, the 1° respondent is permitted to withdraw 20% of the 50% of the amount deposited without any surety or security while the remaining 30% of the 50% shall be withdrawn on furnishing third party security to the satisfaction of the Court below."
Sd/- A.V. RAGHAVASWAMY JOINRREGISTRAR SECTION OFFICER //TRUE COPY/? "
SECTION OFFICER To
1.The Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam.
2.One CC to Sri. W.B. Srinivas, Advocate (OPUC).- 3.0ne CC to Sri K.B. Ramanna Dora, Advacate(OPUC).
4.Two spare copies:
5.5ri Justice G.V. Seethapathy(Retd.), R/o. Plot No.34, D.No. 5-8-30/34, Govardhanapuri Gardens, Yapral, Secunderabad -500 087.
TKK HIGH COURT CPK.J & & BKM.J 'DATE: 27-07-2021. ORDER COM.C.A. No. 2 of 2021 DIRECTION