APHC010381402024 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 ORIGINAI APPLICATION NO: 32 OF 2074 Between: LSS Ocean Transport DMCC, Registered office Unit No. Business Centre 5, Cluster - W, 2708, Jumeirah 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 Plant Vizag Steel Email; Siddeswaram, iagadeeshm@vizaqstppl .rnm Visakhapatnam 530031. 2. Adani Gangavaram Port Ltd, Registered office. Hansa Plaza Road No 36, Jubilee Hills, Hyderabad-500033. Post, Pedagantyada Mandal Visakhapatnam - 530044. 3. Visakhapatnam Port Authority, Administrative Office Building Visakhapatnam - 530035, E.e-reg.vpt@gov.in, Vpt.Chairman@Gmail.C om ...RESPONDENTS , Plot No 798, Port premises. Gangavaram Port Area, / / Petition filed under Section 9 of the Arbitration and Conciliation Act. 1996 praying that this Hon’ble Court be pleased to a. pass an order and/or direction attaching 7,400MT of coal out of the 75,000MT coal belonging to Respondent NOI, presently believed to be on board MV Semiramis b. order and direct Respondent No 2 or Respondent No 3 to allow the MV Semiramis, to berth and discharge the coal belonging Respondent No 1 on board at their ports, wherever she c. order and direct Respondent No 2 or Respondent No 3, as the case may be, to discharge, set aside, attach 7,400MT of coal out of the 75,000MT belonging presently on board MV Semiramis d. appoint a receiver to belonging to Respondent No 1, and thereof in an interest-bearing account for the benefit of the vessel. to may call preserve, and maintain custody of to Respondent No 1 survey and sell by auction 7,400MT of coal receive and hold the sale proceeds Petitioner e. direct Respondent No 1 to furnish security in favor of the Petitioner for the sum of USD 443,535.38 along with interest @ 18 percentage from the due dates per annum 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 g. direct the attachment of such assets as may be sufficient to secure the claim of the Petitioner of USD 443,535.38 along with percentage per annum from the due dates h. 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 interest @ 18 t , i. injunct Respondent No 1 from operating its bank accounts without setting aside the sum of USD 443,535.38 along with interest @ 18 percentage per annum from the due dates and, j. Interim and ex parte ad interim reliefs in terms of prayers clauses a to i above. lA NO: 1 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 permit Mr. V. Venugopala Rao to represent the petitioner vide resolution dated 29.07.2024 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 a. This Hon’ble Court appoint a Court Receiver to publicly auction the 705 MTs of coking coal belonging to the 1st Respondent and lying at the premises of the 1st 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, this Hon’ble Court 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 at the rate 18percent per annum from the date of the Order of Attachment till the date of Order directing sale of attached cargo against an order vacating attachment of the attached cargo, c. For any other Order as this Hon’ble Court may deem fit and proper having regard to the facts and circumstances of the present case. 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 s I appoint a SurveyorA/aluer to take samples and undertake a survey and reckon the value of the 705 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 may deem fit and proper having regard to the facts and circumstances of the present case Counsel for the Petitioner ON BEHALF OF SRI SAI SANJAY SURANENI Counsel for the Respondents : SRI AVULA AKASH REPRESENTING ON BEHALF OF SRI VIVEK CHANDRA SEKHAR S The Court made the following : ; SRI D PRUDHVI TEJA REPRESENTING // / / / THE HON’BLE SRI JUSTICE V.SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO:32 OF 2024 .7 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 7,400MT 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 7,400MT 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 7,400MT 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 th^ 2 sum of USD 443,535.38 along with interest @ 18% annum from the due dates; f. This Hon’ble Court be pleased to direct Respondent No.1 to provide on affidavit details of it moveable and immovable assets that can be attached by this Hon’ble Court; g. This Hon’ble Court be pleased attachment of such assets as may be sufficient to secure the claim of the petitioner of USD 443,535.38 interest @18% per annum from the due dates; per s unencumbered to direct the along with 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 Respondent No.1 from may be pleased to injunct operating its bank accounts without setting aside the sum of USD 443,535.38 with interest @18% per annum from the due dates; and along 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 order as this Hon’ble Court may deem fit and proper”. pass any other 2. Sri D. Prudhvi Teja, learned counsel Suraneni, learned counsel for representing Sri Sai Sanjay 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 < r raise the attachment stating that the other claims towards interest etc., would 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 705MT Steel (Blooms 320x250mm IS 2830 SL) made pursuant as per the order dated 12.09.2024 passed in this application, giving liberty to the petitioner to seek remedy separately in respect of other claims such interest, if any, as per law. No order as to costs. as Interim order granted earlier, if any, shall stand vacated. As a sequel, miscellaneous applications pending, if any, shall SOI- S.V.S.R. MURTHY JOINT REGISTRAR stand closed. i. //TRUE COPY// SECTION OFFICER To, 1. Rashtriya Ispat Nigam Ltd, Registered office. Admin Building, Vizag Steel iaqadeeshm@vizaqsteel.Com. Plant 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. r 3. Visakhapatnam Port Authority, Administrative Office Building, Port Area, Visakhapatnam - 530035, E.e-reg.vpt@gov.in. Vpt.Chairman@Gmail.C om 4. One CC to SRI. SAI SANJAY SURANENI Advocate [OPUC] 5. One CC to SRI. VIVEK CHANDRA SEKHAR S Advocate [OPUC] 6. Three CD Copies r TAC HIGH COURT DATED:04/07/2025 I ORDER ICOMAOA NO. 32 OF 2024 CLOSING THE INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION