APHC010464482021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SMT JUSTICE V.SUJATHA EXECUTION PETITION NO: 1/2021 Between: 1. OMAR SHIPPING SA, A COMPANYINCORPORATED UNDER THE LAWS OF HONDURUS HAVING ITS OFFICE AT ATAPARTADO POSTAL 5646, TEGUCIGALPA, HONDURUS CA. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. AHMAD BAYAZID CAUSETITTLE AMENDED AS PER COURT ORDER DT.17 VIDE IA NO.1 OF 2025 IN EXEP NO.1 OF 2021 1. RIKA GLOBAL IMPEX LTD, a company incorporated under the laws of India having its office at 1102, Embassy Centre, Nariman Point, Mumbai -40021. (a) Enforce the foreign award in favour of the Petitioner as a decree of this Honourable Court against the Respondent, (b) For a decree in terms of the foreign award and in favour of the Petitioner for a sum of USD 1,427,870.84, along with interest on t 862,935 at 5.5 percent per annum and pro rata compounded at 3 monthly rests from the date of filing this Petition till payment, (c) for an order directing the Respondents to deposit the sum of USD 1,427,870.84 towards th Petitioners claim, (d) for an order that any amount that has been deposited by the Respondent with this Honourable Court be paid out to the Petitioner towards its claim, (e) for an order of execution of the decree (the English decree and/ or the decree to be passed by this Honourable Court) under IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA EXECUTION PETITION NO: 1/2021 OMAR SHIPPING SA, A COMPANYINCORPORATED UNDER THE LAWS OF HONDURUS HAVING ITS OFFICE AT ATAPARTADO POSTAL 5646, TEGUCIGALPA, HONDURUS CA. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. AHMAD BAYAZID CAUSETITTLE AMENDED AS PER COURT ORDER DT.17 VIDE IA NO.1 OF 2025 IN EXEP NO.1 OF 2021 ...PETITIONER AND RIKA GLOBAL IMPEX LTD, a company incorporated under the laws of India having its office at 1102, Embassy Centre, Nariman Point, Mumbai ...RESPONDENT (a) Enforce the foreign award in favour of the Petitioner as a decree of this Honourable Court against the Respondent, (b) For a decree in terms of the foreign award and in favour of the Petitioner for a sum of USD 1,427,870.84, along with interest on the principal award amount of USD 862,935 at 5.5 percent per annum and pro rata compounded at 3 monthly rests from the date of filing this Petition till payment, (c) for an order directing the Respondents to deposit the sum of USD 1,427,870.84 towards th Petitioners claim, (d) for an order that any amount that has been deposited by the Respondent with this Honourable Court be paid out to the Petitioner towards its claim, (e) for an order of execution of the decree (the English ee to be passed by this Honourable Court) under IN THE HIGH COURT OF ANDHRA PRADESH [3333] OMAR SHIPPING SA, A COMPANYINCORPORATED UNDER THE LAWS OF HONDURUS HAVING ITS OFFICE AT ATAPARTADO POSTAL 5646, TEGUCIGALPA, HONDURUS CA. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. AHMAD BAYAZID CAUSETITTLE AMENDED AS PER COURT ORDER DT.17-06-2025. ...PETITIONER RIKA GLOBAL IMPEX LTD, a company incorporated under the laws of India having its office at 1102, Embassy Centre, Nariman Point, Mumbai ...RESPONDENT (a) Enforce the foreign award in favour of the Petitioner as a decree of this Honourable Court against the Respondent, (b) For a decree in terms of the foreign award and in favour of the Petitioner for a sum of USD he principal award amount of USD 862,935 at 5.5 percent per annum and pro rata compounded at 3 monthly rests from the date of filing this Petition till payment, (c) for an order directing the Respondents to deposit the sum of USD 1,427,870.84 towards the Petitioners claim, (d) for an order that any amount that has been deposited by the Respondent with this Honourable Court be paid out to the Petitioner towards its claim, (e) for an order of execution of the decree (the English ee to be passed by this Honourable Court) under 2 VS,J EXEP.No.1 of 2021 Order XXI of the CPC, 1908 against the Respondent, attachment and judicial sale of all their assets and their receivables, the movable and immovable properties wherever they may be found up to the amounts mentioned in prayer clause (a) above (f) for costs of US Dollars 40,000 incurred towards this Execution Petition, and pass such other orders as this Honourable Court may deem fit in the facts and circumstances of this case (g) and pass IA NO: 1 OF 2022 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: A.Declare the award dated 05.11.2012 passed by the Learned Sole Arbitrator Charles G.C.H. Baker is not enforceable and not executable and is barred under Section 48 of the Arbitration and Conciliation Act, 1996. B.Reject the Petition seeking enforcement of the award dated 05.11.2012 passed by the Learned Sole Arbitrator Charles G.C.H. Baker based on the material available on record and the material produced by the Petitioner herein. IA NO: 2 OF 2022 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 review the order dated 05-08-2022 passed in IA 1/2022 in EXEP no1/2021 and further re-hear the IA 1/2022 in EXEP 1/2021 and pass IA NO: 3 OF 2022 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 suspend the operation of this Honble court order dated 05-08-2022 in IA 1/2022 in EXEP 1/2021 pending disposal of EXEP no. 1/2021 IA NO: 4 OF 2022 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 dispense with the filing of the certified copy of the order dated 05- 08-2022 passed in IA 1/2022 in EXEP.1/2021 3 VS,J EXEP.No.1 of 2021 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 permit me i.e., Mr. Ahmad Bayazid, to represent the Petitioner authorized vide resolution dated 29 December 2023 in the present proceedings and to pass Counsel for the Petitioner: 1. AVANIJA INUGANTI Counsel for the Respondent: 1. VIVEK CHANDRA SEKHAR S The Court made the following: 4 VS,J EXEP.No.1 of 2021 ORDER: This Execution Petition is filed under Rule 141 (2) of the C.R.P & Order XXI Rule 11 of the CPC read with Sections 44, 47 and 49 of the Arbitration and Conciliation Act, 1996 read with Sections 2 (1) (c), 7 and 10 of the Commercial courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 seeking for following reliefs: a) Enforce the foreign award in favour of the Petitioner as a decree of this Honourable Court against the Respondent. b) For a decree in terms of the foreign award and in favour of the Petitioner for a sum of USD 1 427 870 84 along with interest on the principal award amount of USD 862 935 at 5 5 percent per annum and pro rata compounded at 3 monthly rests from the date of filing this Petition till payment. c) for an order directing the Respondents to deposit the sum of USD 1 427 870 84 towards the Petitioners claim. d) for an order that any amount that has been deposited by the Respondent with this Honourable Court be paid out to the Petitioner towards its claim . e) for an order of execution of the decree the English decree and/ or the decree to be passed by this Honourable Court under Order XXI of the CPC 1908 against the Respondent attachment and judicial sale of all their assets and their receivables the movable and immovable properties wherever they may be found up to the amounts mentioned in prayer clause a above. f) for costs of US Dollars 40 000 incurred towards this Execution Petition and pass such other orders as this Honourable Court may deem fit in the facts and circumstances of this case. 2. Today, when the matter came up for hearing, Ms. Avanija Inuganti, learned counsel for the petitioner, submitted that, a joint memo entered between the petitioner and the respondent has been filed. Both the learned 5 VS,J EXEP.No.1 of 2021 counsels submitted that, pursuant to the joint memo entered between the parties, the matter has been settled out of the Court. 3. Recording the same, the Execution Petition is closed. As a sequel, miscellaneous applications pending, if any, in this petition, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 23.01.2026. JLSR