respondent's versions is that they have signed
only fixture note and not any charter party
agreement. Respondent has further taken a
preliminary objection ... that the loading of the sorghum
was done pursuant to a fixture note. A careful perusal of the
fixture note reveals that the place
Taiwan. The agreement is stated to be evidenced
in a fixture note dated 20.10.1995. The relevant extract whereof are as
below:
"It is this ... contended that the contract stands completed by the
signing of the fixture note and the plaintiff has also acted in terms therewith
by exporting stock
fact
there is no valid or binding arbitration agreement in the Fixture Note dated 21st
September 2010 which could entitle the decree holder to refer ... Vessel in the Fixture Recap (Clause 23) sent by the brokers on
21st September, 2010. The Fixture Note dated 21st September, 2010 clearly and
expressly
from Guyana to Tuticorin in India. For this purpose, a fixture note dated 26/8/2003 was executed on or around ... plaint, correspondence placed on record, and terms of the fixture note it was submitted that as on the date of the plaint the bill
owner) and original
opponent entered into a GENCON charter party/Fixture Note on 8
April 2005 (the charter party) with the Respondents (The Charterers ... stated to be to secure the claimed demurrage in terms of
fixture note, on the condition of submitting a bank guarantee
maximum for two years
India. It is also the case of the defendant that the Fixture note contains and embodied an arbitration clause mandatorily requiring disputes to be referred ... wherein a contention was raised that in view of Fixture Note dated 26.3.2004 this court has no jurisdiction to decide the case upon its merits
arising out of a voyage charterparty evidenced by a Fixture Note dated 6 th April
2011, which is annexed as Exhibit-A to the Plaint ... numbers appearing at the bottom of each of the Fixture
Notes of Whim Star Co. Ltd. and Whim Star Chartering Co. Ltd. (Vol. I pages
Archean Granites Pvt. Ltd. were in form of
"Fixture Notes", as per which, the same was for the
carriage of cobblestone from Chennai ... should be without transfer of legal right of
possession and control.
• Fixture notes entered into between the appellant
and M/s. Archean Granites Private Limited
negotiation, terms of
agreement were finalised as per the fixture notes in between the
owner of vessel and State Trading Corporation.
4. As per fixture ... contract in between the parties. It is stated that the fixture note
was drawn in between the ship owner and defendant in which
plaintiff
arising out of a
voyage Charter Party ('CP') (fixture note) dated 18th July 2005, claimed
by Respondent No.1 to have been executed ... board the vessel. The Petitioner also admitted to signing
the fixture note but not the CP. The Petitioner also raised a preliminary
objection
