Delhi High Court - Orders
Bainbridge Navigation Pte Ltd vs Rashtriya Ispat Nigam Ltd And Ors on 20 May, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~49 & 50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 158/2024
BAINBRIDGE NAVIGATION PTE LTD ..... Petitioner
versus
RASHTRIYA ISPAT NIGAM LTD AND ORS ..... Respondent
+ O.M.P.(I) (COMM.) 159/2024
BAINBRIDGE NAVIGATION PTE LTD ..... Petitioner
versus
RASHTRIYA ISPAT NIGAM LTD AND ORS ..... Respondents
Appearances:
Mr. Balaji Iyer, Mr. Utkarsh Joshi, Ms. Isha Sawant, Mr. Ashwin
Shankar, Advocates for petitioner [9013155901].
Mr. Ankit Chaturvedi, Mr. Shubham Agarwal, Advocates for R-1.
Mr. Krishan Dev J., Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 20.05.2024 I.A. 29649/2024 (for exemption) O.M.P.(I) (COMM.) 158/2024 I.A. 29652/2024 (for exemption) O.M.P.(I) (COMM.) 159/2024 Exemptions allowed, subject to all just exceptions. The applications stand disposed of.
O.M.P.(I) (COMM.) 158/2024 & O.M.P.(I) (COMM.) 159/2024
1. The petitioner has filed these petitions for interim measures of protection in anticipation of arbitration proceedings between the petitioner and respondent No. 1 under two Charter Party Agreements ["CPA"]. The CPA in O.M.P.(I) (COMM.) 158/2024 is dated 25.10.2023 O.M.P.(I) (COMM.) 158/2024 & connected matter. Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 22:16:00 and the CPA in O.M.P.(I) (COMM.) 159/2024 is dated 25.09.2023.
2. The petitioner claims that its final freight invoice raised in these cases - dated 23.11.2023 and 19.12.2023 - remain outstanding. The petitioner therefore seeks attachment of quantities of cargo of coking coal and limestone lying at the Adani Gangavaram Port Limited (respondent No. 2) and at Visakhapatnam Port (respondent No. 3).
3. At the very outset, learned counsel, appears on behalf of respondent No. 1 on advance notice, and states that respondent No. 1 undertakes to the Court that it will make payment of the outstanding invoices of the petitioner within four weeks from today. The invoice dated 23.11.2023 in O.M.P.(I) (COMM.) 158/2024 is for the amount of USD106,504.12 and in O.M.P.(I) (COMM.) 159/2024 is for the sum of USD588,862.28.
4. Respondent No. 1 is bound down to this undertaking. Respondent No. 1 is directed to file affidavits of undertaking within one week to the aforesaid effect, signed by an officer not below the rank of a whole time Director.
5. It is made clear that it is on the strength of this undertaking, that the petitioner does not press the interim relief sought.
6. The petitions are disposed with these directions, with liberty to the petitioner to apply for revival of the petitions, in the event the undertakings are not filed as directed today or the amounts are not paid in terms of the said undertakings.
PRATEEK JALAN, J MAY 20, 2024/"Bhupi"/ O.M.P.(I) (COMM.) 158/2024 & connected matter. Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 22:16:00