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2025 DAILYLAW 18416 (AP)

Bainbridge Navigation Pte Ltd., v. Rashtriya Ispat Nigam Ltd,

ICOMAOA/13/2024 · 2025-07-03

V Srinivas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010254692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO: 13 OF 2024 Between: Bainbridge Navigation Pte Ltd., 19-06 & 07, Tong Eng Building, 101 Cecil Street, Singapore - 069533, Represented by its authorised signatory Mr. Madala Srinivas. ...PETITIONER AND 1. Rashtriya Ispat Nigam Ltd, Admin Building, Vizag Steel Plant, Siddeshwaram,Visakhapatnam-530031, iaqadeeshm@vizaasteel.com. 2. Adani Gangavaram Port Ltd, A company incorporated under the Companies Act, 2013, having its registered office at Hansa Plaza, Plot No. 798, Road No. 36, Jubilee Hills, Hyderabad - 500 033 and having its port premises at Gangavaram Post, Pedagantyada Mandal, Visakhapatnam - 530044. ...RESPONDENTS Application under Section 9 of the Arbitration and Conciliation Act, 1996 read with Section 151 of the Code of Civil Procedure Code, 1908 praying that the Hon’ble High Court may be pleased to A. Ex Parte order maintenance of the status quo, attachment, preservation, interim custody or sale of 2,600MT of coking coal lying at the port and harbour of Gangavaram pending the issuance of the arbitration Award ; B. Ex Parte direct the 1®‘ Respondent to furnish security in favor of Petitioner for the sum of USD 127,490.83 (INR 1,06,45,146.45) along with interest @ 18 percent per annum from the due dates of the invoices pending the issuance of the arbitration award; the lA NO: 2 OF 2024 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 modify the order dated 27.06.2024 passed in ICOMAOA.No.13 of 2024 ordering the attachment of 2600MT of Steel produced by the Respondent No.1 instead of coal lying in the stockyards of the Respondent No.2. Counsel for the Petitioner: SRI D.PRUDVI TEJA REPRESENTING SRI SAI SANJAY SURANENI Counsel for the Respondents : SRI AVULA AKASH REPRESENTING VIVEK CHANDRA SEKHAR S The Court made the following : THE HON’BLE SRI JUSTICE V.SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO:13 OF 2024 ORDER: This application is filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs: “(a). Ex parte order maintenance of the status quo, attachment, preservation, interim custody or sale of 2,600MT of coking coal lying at the port and harbor of Gangavaram pending the issuance of the arbitration Award; (b). Ex parte direct 1®' respondent to furnish security in favour of the Petitioner for the sum of USD 127,490.83 (INR 1,06,45,146.45) along with interest @ 18% per annum from the due dates of the invoices pending the issuanceof the arbitrationAward; and. li (c) Pass any other order as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case, and in the interests of justice, equity and good conscience”. 2. Sri D. Prudhvi Teja, learned counsel representing Sri Sai Sanjay Suraneni, learned counsel for the petitioner submitted that the total principal amount, which is the subject matter of this application,was paid and therefore, he requested to close the present application and to raise the attachment stating that the other claims towards interest etc., would 2 be proceeded separately. He filed a memo to that effect and the same is recorded. 3. Sri Avula Akash, learned counsel representing Sri S. Vivek Chandrasekhar, learned counsel for the Respondent No.1 is present. 4. Accordingly, the application is closed raising the attachment of 2,600MT coking coal made as per the order dated 27.06.2024 passed in this application, giving liberty to the petitioner to seek remedy separately in respect of other claims such as interest, if any, as per law. No order as to costs. Interim order granted earlier, if any, shall stand vacated. As a sequel, miscellaneous applications pending, if any, shall SD/- S.V.S.R.MURTHY JOINT REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To, 1. Rashtriya Ispat Nigam Ltd, Admin Building, Vizag Steel Plant, Siddeshwaram,Visakhapatnam-530031, iaqadeeshm@vizaasteel.com. 2. Adani Gangavaram Port Ltd, A company incorporated under the Companies Act, 2013, having its registered office at Hansa Plaza, Plot No. 798, Road No. 36, Jubilee Hills, Hyderabad - 500 033 and having its port premises at Gangavaram Post, Pedagantyada Mandal, Visakhapatnam - 530044. 3. One CC to Sri. Sai Sanjay Suraneni, Advocate [OPUC] 4. One CC to Sri. Vivek Chandra Sekhar S, Advocate [OPUC] 5. Three CD Copies Stu TAG HIGH COURT DATED;04/07/2025 i ORDER ICOMAOA NO. 13 OF 2024 S 22JUI2ro5 w ■k7' 'Z-. . Curreni aeciion ^ CLOSING THE APPLICATION