I APHC010377992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO: 29 OF 2024 Between: LSS Ocean Transport DMCC, Registered office-Unit No. 2708, Jumeirah Business Centre 5, Cluster-W, Jumeirah Lakes Towers, Dubai, UAE, Represented by its authorised signatory Mr. V. Venugopala Rao. ...Petitioner AND 1. Rashtriya Ispat Nigam Ltd, Registered office-Admin Building, Vizag Steel Plant Siddeswaram, Visakhapatnam-530031. email-iaqadeeshm@vizaasteel.com 2. Adani Gangavaram Port Ltd, Registered office, Hansa Plaza, Plot No 798, Road No 36, Jubilee Hills, Hyderabad - 500033 Port premises- Gangavaram Post, Pedagantyada Mandal, Visakhapatnam - 530044. 3. Visakhapatnam Port Authority, Administrative Office Building Area,Visakhapatnam-530035,Ee-reg.vpt@gov.in, Vpt.Chairman@Gmail.Com Port ...Respondents p I f Application under Section 9 of the Arbitration and Conciliation, 1996 praying that the High Court may be pleased to order and/or direction attaching 9,312MT of coal out of a. pass an the 75,000MT coal belonging to Respondent No 1, presently believed to be on board MV Semiramis; b. order and direct Respondent No 2 or Respondent No 3 to allow the vessel, MV Semiramis, to berth and discharge the coal belonging to Respondent No 1 on board at their ports, wherever she may call; c. order and direct Respondent No 2 or Respondent No 3, as the case may be, to discharge, set aside, attach, preserve and custody of 9,312MT of coal out of the 75,000MT maintain belonging to Respondent No 1 presently on board MV Semiramis d. appoint a receiver to survey and sell by auction 9,312MT of coal belonging to Respondent No 1,.and receive and hold the sale proceeds thereof in an interest-bearing account for the benefit of the Petitioner; e. direct Respondent No 1 to furnish security,in favor Petitioner for the sum of USD 558,725.21 along with interest @ 18 percent per annum from the due dates; f. direct Respondent No 1 to provide on affidavit details of its unencumbered moveable and immoveable assets that can be attached by this Honble Court, direct the attachment of such assets as may be sufficient to the claim of the Petitioner of USD 558,725.21 along with of the g secure interest @ 18 percent per annum from the due dates pending arbitration, direct Respondent No 1 to provide on affidavit details of its bank accounts containing the relevant monies that may be attached to secure the petitioner. injunct Respondent No 1 from operating its bank accounts without setting aside the sum of USD 558,725.21 along with interest @ 18 per annum from the due dates and. its bank Interim and ex parte ad interim reliefs in terms of prayers clauses a to i above. h. J- 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 appoint a SurveyorA/aluer to take samples and undertake a survey and reckon the value of the 899 MTs of steel belonging to the 1st Respondent and lying at the premises the 1st Respondent and for any other Order as this Hon’ble Court. lA NO: 3 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 a) appoint a Court Receiver to publicly auction the 899 MTs of coking coal belonging to the 1st Respondent and lying at the premises of the 1 Respondent and receive the sale proceeds and hold the same for the benefit of the parties to the petition pending arbitration, b) In the alternative, order and direct the 1st Respondent to deposit security in the amount equivalent to the value of the attached cargo or the full amount of the Applicant/ Petitioner’s claim along with interest @ 18% per annum from the date of the Order of 0 Attachment till the date of Order order vacating attachment of the attached Counsel for the Petitioner: Ms. A. Suraneni Counsel for the Respondents: Sri P.Sasidhar Vivek Chandra Sekhar S The Court made the following: directing sale of attached cargo. Priyanka representing Sri Sai Sanjay cargo against an Reddy representing Sri THE HON’BLE SRI JUSTICE V.SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO:29 OF 2024 ORDER: This application is filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs: “a. This Hon’ble Court be pleased to pass an order and/or direction attaching 9,312MT of coal out of the 75,000MT coal belonging to Respondent No.1, presently believed to be on board MV Semiramis; b. This Hon’ble Court be pleased to order and direct Respondent No.2 or Respondent No.3 to allow the vessel, MV Semiramis, to berth and discharge the coal belonging to Respondent No.1 on board at their ports, wherevershe may call; c. This Hon’ble Court be pleased to order and direct Respondent No.2 or Respondent No.3, as the case may be, to discharge, set aside, attach, preserve, and maintain custody of 9,312MT of coal out of the 75,000MT belonging to Respondent No.1 presently on board MV Semiramis; d. This Hon’ble Court be pleased to appoint a receiver to survey and sell by auction 9,312MT of coal belonging to Respondent No.1 and receive and hold the sale proceeds thereof in an interest-bearing account for the benefit of the Petitioner; e. This Hon’ble Court be pleased to direct Respondent No.1 to furnish security in favour of the Petitioner for the sum of USD 558,725.21 along with interest @ 18% annum from the due dates; per f. This Hon’ble Court be pleased to direct Respondent No.1 to provide on affidavit details of its unencumbered moveable and immovable assets that can be attached by this Hon’ble Court; g. This Hon’ble Court be pleased to direct attachment of such assets as may be sufficient to the claim of the petitioner of USD 558,725.21 along with interest @18% per annum from the due dates pending arbitration; the secure h. This Hon’ble Court may be pleased to direct Respondent No.1 to provide on affidavit details of its bank accounts containing the relevant monies that be attached to secure the petitioner; may i. This Hon’ble Court may be pleased to injunct Respondent No.1 from operating its bank accounts without setting aside the sum of USD 558,725.21 along with interest @18% per annum from the due dates; and. j. Interim and ex parte and interim reliefs in terms of prayers clauses a to i above; and k. This Hon ble Court be pleased to pass any other order as this Hon’ble Court may deem fit and proper”. 2. Ms. A. Priyanka, learned counsel representing Sri Sai Sanjay Suraneni, learned counsel for the petitioner submitted that the total w principal amount, which is the subject matter of this application, was paid and therefore, she requested to close the present application and to raise the attachment stating that the other claims towards interest etc., would be proceeded separately. She filed a memo to that effect and the same is recorded. 3 3. Sri P. Sasidhar Reddy, 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 899MT Steel (Blooms 320x250mm IS 2830 SL) made pursuant as per the order dated 13.09.2024 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 stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Rashtriya Ispat Nigam Ltd, Registered office-Admin Building, Vizag Steel Plant iaqadeeshm@vizaasteel.com Siddeswaram, Visakhapatnam-530031. email- 2. Adani Gangavaram Port Ltd, Registered office, Hansa Plaza, Plot No 798, Road No 36, Jubilee Hills, Hyderabad - 500033 Port premises- Gangavaram Post, Pedagantyada Mandal, Visakhapatnam - 530044. 3. Visakhapatnam Port Authority, Administrative Area,Visakhapatnam-530035,Ee-reg.vpt@gov.in, Vpt.Chairman@Gmail.Com 4. One CC to Sri. Sai Sanjay Suraneni Advocate [OPUC] 5. One CC to Sri. Vivek Chandra Sekhar S Advocate [OPUC] 6. Two CD Copies Office Building, Port Stu vna HIGH COURT DATED:11/07/2025 ORDER I ? ! JUt 2025 I ^ . Current Section ICOMAOA NO. 29 OF 2024 ®9, CLOSING THE ICOMAOA