IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL MISCELLANEOUS APPEAL NO: 731 OF 2008 Appeal filed under Section 37 (1) of the Arbitration and Conciliation Act, 1996, praying that the High Court may be pleased to set aside the Orders dated 11.07.2008 in AOP No.310 of 2008 passed by the Court of IV Additional District Judge, Visakhapatnam, Visakhapatnam District. Between: Steel Authority of India Ltd, Central Marketing Organisation, Branch Transport & Shipping Office, Harbour Approach Road, Visakhapatnam- 35. ...Appellant/Respondent AND 1. Esskay Shipping Pvt Ltd, A Company registered under the Companies Act with its Office at 25-40-40, Gangulavari Street, Visakhapatnam - 530 001, rep by its Authorized Signatory GWSN Varma, S/o.Late G.V.Rayapa Raju. 2. Pratyusha Associates Shipping Pvt Ltd., A Company, registered under the Companies Act with its Office at 25-40-12, Gangulavari Street, »»»»^ ^ Visakhapatnam - 530 001 -S/o.P.V.Naiclu. rep by its Director P.V Prabhakar Rao, : • .-Respondents/Petitioners ■\ i " Lk NO: 1 6f 2008rCMAMP NO: 1575 OF 2nn«) Petition filed under Section 151 CPC praying that in the circumstances stated in the affidavit filed i Court may be pleased to in support of the petition, the High stay the operation of the Orders passed in AOP passed by the Court of IV Additional m, pending disposal of the CMA. No.310 of 2008 dated 11.07.2008 District Judge, Visakhapatna LA. NO: 2 OF 2008tCMAMP. NO- 1576 OF 2Qn«) under Section 151 circumstances stated in the affidavit filed i Court may be pleased to grant leave Bearing No.lO/OI/OOIA/PT No.ITRA/SHP/FMIS, dated B6 on behalf of the Petitioner/appellant Petition filed CPC praying that in the in support of the petition, the High to the petitioner to file copies of Letter dated 18.07.2008 and Letter Bearing same as Exs.B5 and 18.07.2008 and mark the herein. Counsel for the Appellant Counsel for the Respondents:Sri KRaghava Charyulu The Court made the following: ■ Sri J Prabhakar 1 RRR,J & HN,J W.P.No.731/2008 APHC010575672008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3488] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL MISCELLANEOUS APPEAL NO: 731/2008 Between: ...APPELLANT Steel Authority Of India Ltd AND ...RESPONDENT(S) Esskay Shipping Pvt Ltd Anr and Others Counsel for the Appellant: 1.J PRABHAKAR Counsel for the Respondent(S): 1. K RAGHAVA CHARYULU The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri J. Prabhakar, learned counsel appearing for the appellant and Sri K. Raghava Charyulu, learned counsel appearing for the respondents. The appellant had been entered into two contracts, dated 25.01.2006 and 18.02.2006, in pursuance of the proceedings bearing Tender 2. No.03/01/01/34. Under these contracts, works of stevedoring, clearance 2 RRR,J & HN,J W.P.No.731/2008 transportation, stacking and wagon loading of imported coking coal coking coal and metallurgical coke at Visakhapatnam Port, was awarded to the respondents herein. These contracts were for a period of four years extendable by six months. In view of a dispute which arose between the appellants and the respondents, an application under Section 9 of the Arbitration and Conciliation Act, 1996, came to be filed before the IV Additional District Judge, Visakhapatnam. This application bearing Arbitration O.P.No.310 of 2008 was allowed by the trial Court on 11.07.2008 in the following manner. and non in the result, the petition is allowed and that a temporary injunction restraining the respondent from awarding any work of any further vessels covered by two contracts of the petitioners to any third parties during the subsistence of those two contracts under Tender No.03/01/01/34, and agreements dated 25.01.2006 and 18.02.2006 is granted pending resolution of the dispute through conciliation arbitration, as the case may be, subject to the condition that the petitioners shall take steps to initiate the resolution of the dispute as per the terms of the subject contracts within two months from the date of this order, failing which, the interim injunction shall stand vacated after stipulated period, without any further order. No costs.” or 3. Aggrieved by the said order, the present appeal came to be filed. On 30.07.2008, the said order was stayed by this Court by way of an interim direction. 3 RRR,J & HN,J W.P.No.731/2008 Since the period of contract itself is over, nothing further survives in this appeal. Accordingly, the civil misceilaneBous appeal is dismissed. There shall be no order as to costs. 4. As a sequel, pending miscellaneous applications, if any, shall stand closed. SDI- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Additional District Judge, Visakhapatnam, Visakhapatnam District. 2. One CC to Sri J Prabhakar Advocate [OPUC] 3. One CC to Sri K Raghava Charyulu Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh Amaravathi. 5. Three CD Copies at BSV TF w HIGH COURT DATED: 11/02/2025 JUDGMENT CMA.No.731 of 2008 DISMISSING THE CMA, WITHOUT COSTS