LSS Ocean Transport DMCC, v. Rashtriya Ispat Nlgam Ltd
ICOMAOA/30/2024 · 2025-07-10
V Srinivas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26784 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26784 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010379182024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3367] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO: 30/2024 Between: LSS Ocean Transport DMCC, ...PETITIONER AND Rashtriya Ispat Nlgam Ltd and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. SAI SANJAY SURANENI Counsel for the Respondent(S):
1. VIVEK CHANDRA SEKHAR S The Court made the following:
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 14,125MT 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, wherever she 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 14,125MT 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 14,125MT 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 847,444.74 along with interest @ 18% per annum from the due dates pending the issuance of the arbitration award; 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 the attachment of such assets as may be sufficient to secure the claim of the petitioner of USD 847,444.74 along with interest @18% per annum from the due dates;
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 may be attached to secure the petitioner; 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 847,444.74 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.
2. Ms. A. Priyanka, 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, 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. 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 1427MT 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. __________________ JUSTICE V.SRINIVAS
Date:11.07.2025. KNN