f APHC010032972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI .■I MONDAY,THE SEVENTH DAY OF JULY • TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO: 1 OF 2025 Between: Norvic Shipping Asia Pte Ltd, ARC 380, 380 Jalan Besar , Singapore 209000. ...Petitioner AND 1. Rashtriya Ispat Nigam Limited RINL, A company incorporated under the Companies Act, 2013 having its registered office at Vishakhapatnam 3rd Floor, Purchase Wing, Steel plant. Administrative Building Transport and Shipping Section, Vishakhapatnam - 530 031 2. Adani Gangavaram Port Limited AGPL, A company incorporated under having its registered office at Adani the Companies Act, 2013 Corporate House, Shantigram, Near Vaishno Devi Circle, SG Highway, Khodiyar, Ahmedabad, Gujarat, India - 382 421. and having its port premises at Pedagantyada Mandal Post Gangavaram Visakhapatnam - 530 044, Andhra Pradesh, India ...Respondents Application under Section 9 of the Arbitration and Conciliation Act, praying that the High Court may be pleased to € i. Pass an order directing the Respondent No. 1/RINL to secure the Petitioners claim by furnishing security in the form of a cash deposit to an unconditional Bank Guarantee of a nationalized bank in the sum of USD 416,697.44 (Approx. INR 3,60,61,000) together with interest at 12 % p.a. hereof till payment or realisation towards the Petitioner’s claim for freight and legal costs. ii. In the interim or alternative, if the cargo is lying at Gangavaram Port premises of the Respondent No. 2/AGPL, then pass an order of injunction against Respondent No. 1/RINL, its servants and/ or agents and/ or assigns from taking delivery, physical or constructive or moving the cargo lying at the Visakhapatnam Port to the tune of 2,600 MTs. iii. Pass an order of injunction against Respondent No. 2/AGPL and its servants and/ or agents and/ or assigns from giving delivery or causing delivery to be given, physical or constructive to Respondent No. 1/RINL, its servants and/ or agents and/ or assigns of the cargo to the tune 2,600 MTs lying in the Gangavaram Port premises of the Respondent No. 2/ AGPL to be moved from its present position. Pass an order of attachment of the cargo lying in the Gangavaram Port premises of the Respondent No. 2/AGPL. IV. V. Pass an order appointing a Court Receiver or Court Commissioner to take possession of 2,600 MTs of the cargo at the Gangavaram Port premises of Respondent No. 2/AGPL. Vi. That this Honble Court be pleased to pass an order directing the Respondent No. 1/RINL to bear all costs, charges, expenses, levies of any kind whatsoever in exercise of the cargo of the Respondent No. 1/RINL being utilized as security towards unpaid freight and demurrage including storage and maintenance ii. That this Hon’ble Court be pleased to pass an order permitting the Receiver/ Court Commissioner to sell cargo to the tune of 2,600 MTs under custody thereof belonging to the Respondent No.1/ RINL in the event of non-payment of sums to the Petitioner as set out in prayer clause (i) above viii. For ad interim reliefs in terms of prayer (i), (ii), (iii), (iv), (v), (vi) (vii) therein above. lA NO: 1 OF 2025 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. Siddhesh Sham Kshirsagar to represent the Petitioner vide Power of Attorney dated 26.05.2023. Counsel for the Petitioner; Sn Vivekananda Ramineni Counsel for the Respondents: Sri S Vivek Chandra Sekhar The Court made the following order; A THE HON’BLE SRI JUSTICE V.SRINIVAS INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO:1 OF 2025 ORDER; This application is filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs: Pass an order directing the Respondent No.1/ RINL to secure the Petitioner’s claim by furnishing security in the form of a cash deposit to an unconditional Bank Guarantee of a nationalized bank in the sum of USD 416,697.44 (Approx. INR 3,60,61,000) together with interest at 12% p.a. hereof till payment or realisation towards the Petitioner’s claim for freight and legal costs. I. ii. In the interim or alternative, if the cargo is lying at Gangavaram Port premises of the Respondent N0.2/AGPL, then pass an order of injunction against Respondent N0.I/RINL, its servants and/or agents and/or assigns from taking delivery, physical or constructive or moving the cargo lying at the Visakhapatnam Port to the tune of 2,600MTs. iii. Pass an order of injunction against Respondent N0.2/AGPL and its servants and/ or agents and/ or assigns from giving delivery or causing delivery to be given, physical or constructive to Respondent No.1/RINL, its servants and/or agents and/or assigns of the cargo to the tune 2,600MTs lying in the Gangavaram Port premises of the Respondent N0.2/AGPL to be moved from its present position. 2 iv. Pass an order of attachment of the cargo lying in the Gangavaram Port N0.2/AGPL. premises of the Respondent . Pass an order appointing a Court Receiver or Court Commissioner to take possession of 2,600MTs of the cargo at the Gangavaram Port premises of Respondent N0.2/AGPL. V vi. That this Hon’ble Court be pleased to pass an order directing the Respondent N0.I/RINL to bear all charges, expenses, levies of any kind whatsoever i:: exercise of the cargo of the Respondent N0.I/RINL being utilized as security towards unpaid freight and demurrage, including storage and maintenance; costs. in vii. That this Hon’ble Court be pleased to pass an order permitting the Receiver/Court Commissioner to sell cargo to the tune of 2,600MTs under custody thereof belonging to the Respondent N0.I/RINL in the event of non-payment of sums to the Petitioner as set out in prayer clause (i) above; viii. For ad interim reliefs in terms of prayer (i), (ii), (iii) (iv), (v), (vi), (vii) therein above. That this Hon’ble Court be pleased to pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. IX. X. For costs; Sri K. Guna Sekhar, learned counsel representing 2. Sri Vivekananda Ramineni, 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 stating that the other claims towards interest etc., would be preceded separately. He filed a memo to that effect and the same is recorded. 3. Accordingly, the application is closed, 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/- E KAMESWARA RAO JOINT REGISTER //TRUE COPY// SECTION OFFICER To, Rashtriya Ispat Nigam Limited RINL, A company incorporated under the Companies Act, 2013 having its registered office at Vishakhapatnam Administrative Building,3rd Floor, Purchase Wing, Transport 1. Steel plant. and Shipping Section, Vishakhapatnam - 530 031 2 Adani Gangavaram Port Limited AGPL, A company incorporated unde the Companies Act, 2013 having its registered off'ce ft Adam Corporate House, Shantigram, Near Vaishno Devi Circle, SG Highway Khodiyar, Ahmedabad, Gujarat, India - 382 421. ^^d having its port premises at Pedagantyada Mandal Post Gangavaram Visakhapatnam - 530 044, Andhra Pradesh, India 3. One CC to Sri. Vivekananda Ramineni Advocate [OPUC] 4. One CC to Sri. Vivek Chandra Sekhar S Advocate [OPUC] 5. Two CD Copies Stu vna HIGH COURT DATED:07/07/2025 ORDER ICOMAOA NO. 1 OF 2025 = 0 5 A'Jf r^'S m .•a Current section CLOSING THE ICOMAOA