1 APHC010396692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO: 33/2024 Between: 1. ADHART SHIPPING PTE. LTD.,, THE PERFORMING OWNERS OF THE VESSEL, MV CMB POMEROL, A COMPANY INCORPORATED LAWS OF SINGAPORE, HAVING ITS OFFICE AT 78 SHENTON WAY, 22-00, SINGAPORE 079120 ...PETITIONER AND 1. RASHTRIYA ISPAT NIGAM LIMITED, ADMINISTRATIVE BUILDING, 3RD FLOOR, TRANSPORT AND SHIPPING SECTION, VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM, ANDHRA PRADESH 530 031 2. GANGAVARAM PORT LIMITED GPL, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT HANSA PLAZA, 2ND TO 4TH FLOOR, PLOT NO. 798, ROAD NO. 36, JUBILEE HILLS, HYDERABAD, TELANGANA - 500033 AND HAVING ITS PORT PREMISES AT PEDAGANTYADA MANDAL POST GANGAVARAM VISAKHAPATNAM - 530 044. ...RESPONDENT(S): 2 pleased to A) Direct the Respondent to deposit before this Hon'ble Court sums of US 2,591, 437.33 comprising of USD 2,511,078.18 with interest thereon @12 percent per annum from 12th July 2024 till 10th September 2024 being US 50,359.15 and legal costs of USD 30,000 and further interest on 2,511,078.18 @ 12percent pa from 11th September 2024 until payment/realization B) In the alternative to prayer clause (a), direct the Respondent to furnish security to the extent of sums of US 2,591, 437.33 comprising of USD 2,511,078.18 with interest thereon @12 percent per annum from 12th July 2024 till 10th September 2024 being US 50,359.15 and legal costs of USD 30,000 and further interest on 2,511,078.18 @ 12percent pa from 11th September 2024 until pajmient/realization in the form of cash or such other equivalent as this Hon'ble Court may deem fit, within such time and on such terms as this Hon'ble Court may deem fit and proper C) In the interim and alternative to the above prayers. Respondent No. 1 its servant, agents, assigns, purchasers be restrained by an order of injunction of this Hon'ble Court from taking delivery, physical or constructive or moving the cargo lying at the Gangavaram Port to the tune of 10,400 Mts or causing attachment of 10,400 Mts of the cargo lying at Gangavaram Port annum premises of Respondent No. 2 and/or any other moveable /immoveable assets of Respondent No.1 d)Pass an order of injunction against Respondent No. 2 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, its servants and/ or agents and/ or assigns of the cargo to the tune of 10,400 MTs lying at the Gangavaram Port premises of the Respondent No. 2 to be moved from its present position E)Pass an order of attachment of the cargo lying at the Gangavaram Port premises of Respondent No. 2 and/or any other moveable /immoveable assets of Respondent No.1 F)Pass an order appointing a Court Receiver or Court Commissioner to take possession of 10,400 MTs of the cargo at the Gangavaram Port premises of Respondent No. 2 and/or any other moveable /immoveable assets of Respondent No. 1. G)That this Hon'ble Court be pleased to pass an order directing Respondent No. 1 to bear all costs, charges, expenses, and levies of any kind whatsoever in the exercise of the cargo of Respondent No. 1 being 3 utilized as security towards unpaid freight and demurrage, including storage and maintenance. H)That this Hon'ble Court be pleased to pass an order permitting the Receiver/ Court Commissioner to sell cargo to the tune of 10,400 MTs and or any other moveable/immoveable assets under custody thereof belonging to the Respondent No. 1 in the event of non-payment of sums to the Petitioner as set out in prayer clause (i) above I)Pass an order directing Respondent No. 1 to bear all costs, charges, expenses and levies of any kind whatsoever in the exercise of 10,400 MTS of the cargo of Respondent No. 1 being utilized as security towards the claims set out in this Petition including storage and maintenance. J) For ad interim reliefs in terms of prayer (a) to 0) herein above. K)That this Hon'ble Court be pleased to pass IA 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 pleased to appoint a Surveyor/Valuer to take samples and undertake a survey and reckon the value of the 2376 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. IA 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 pleased to appoint a Court Receiver to publicly auction the 2376 MTs of 320 X 25 mm IS 2830 SL Steel 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 and pass IA 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 pleased to pass an order of 4 attachment of 1,236.37 MTs of 320 x 25 mm IS 2830 SL Steel belonging to the 1st Respondent, lying in its premises and/or pass IA 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 Pleased to set aside the Order dated 12.12.2024 wherein ourright to file the Counter Affidavit was forfeited and consequently direct the Registry to receive the Counter Affidavit of the Petitioner herein on record in the interest of justice and equity, and pass Counsel for the Petitioner: 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. VIVEK CHANDRA SEKHAR S 5 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO: 33/2024 ORDER: Heard Sri S.V.S.S.Siva Ram, learned counsel for the applicant, and Sri Vivek Chandra Sekhar.S, learned counsel for the respondents. 2. On 24.06.2025, this Court passed the following order: <Learned counsel for the respondents submits that the respondents have given undertaking that they will pay the entire admitted amount on or before 15.07.2025. Hence, list the matter on 16.07.2025.= 3. Today, it is brought to the notice of this Court that the 1st respondent has settled the entire amounts to the satisfaction of the applicant. 4. The learned counsel for the 1st respondent has placed on record e-mail communication dated 26.09.2025, which provides payment details made on various dates. As per the table mentioned therein, an amount of USD 1418603.96 towards 90% of freight charges, and USD 1092403.69 towards 10% of balance freight charges, along with demurrage, has been settled and paid. 5. The learned counsel for the applicant confirms the receipt of the said payment. 6 6. Both the learned counsel have represented that, inasmuch as the matter has now been settled, no further adjudication is required. 7. In view of the same, the International Commercial Arbitration Original Application stands closed, and all miscellaneous applications, including the impugned order granted earlier, stand closed. There shall be no order as to costs. _____________________________ JUSTICE CHALLA GUNARANJAN Date: 26.09.2025 NKA 7 604 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN INTERNATIONAL COMMERCIAL ARBITRATION ORIGINAL APPLICATION NO: 33/2024 Date: 26.09.2025 NKA