Steel Authority of India Ltd. Vs Esskay Shipping Pvt. Ltd. & Anr.

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^

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TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSANDAND TWENTYFIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO

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AND

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CIVIL MISCELLANEOUS APPEAL NO: 731 OF 2008

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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.

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Between:

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Steel Authority of India Ltd, Central Marketing Organisation, Branch Transport & Shipping Office, Harbour Approach Road, Visakhapatnam35.

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...Appellant/Respondent

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AND

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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.

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Pratyusha Associates Shipping Pvt Ltd., A Company, registered under the Companies Act with its Office at 25-40-12, Gangulavari Street,

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»»»»^

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^ Visakhapatnam - 530 001 rep by its Director P.V Prabhakar Rao, -S/o.P.V.Naiclu.

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■\ i "

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.-Respondents/Petitioners

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Lk NO: 1 6f 2008rCMAMP NO: 1575 OF 2nn«)

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Petition filed under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to stay the operation of the Orders passed in AOP No.310 of 2008 dated 11.07.2008 passed by the Court of IV Additional District Judge, Visakhapatna m, pending disposal of the CMA.

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LA. NO: 2 OF 2008tCMAMP. NO- 1576 OF 2Qn«)

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Petition filed under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the petition, the High Court may be pleased to grant leave to the petitioner to file copies of Letter Bearing No.lO/OI/OOIA/PT dated 18.07.2008 and Letter Bearing No.ITRA/SHP/FMIS, dated 18.07.2008 and mark the same as Exs.B5 and B6 on behalf of the Petitioner/appellant herein.

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Counsel for the Appellant ■ Sri J Prabhakar

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Counsel for the Respondents:Sri KRaghava Charyulu

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The Court made the following:

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1

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RRR,J & HN,J W.P.No.731/2008

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APHC010575672008

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3488]

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(Special Original Jurisdiction)

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TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CIVIL MISCELLANEOUS APPEAL NO: 731/2008

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Between:

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Steel Authority Of India Ltd

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...APPELLANT

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AND

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Esskay Shipping Pvt Ltd Anr and Others

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...RESPONDENT(S)

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Counsel for the Appellant:

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1.J PRABHAKAR

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Counsel for the Respondent(S):

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K RAGHAVA CHARYULU

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The Court made the following Judgment:

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(per Hon’ble Sri Justice R. Raghunandan Rao)

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Heard Sri J. Prabhakar, learned counsel appearing for the appellant and Sri K. Raghava Charyulu, learned counsel appearing^{fortherespondents.} 2. The appellant had been entered into two contracts, dated 25.01.2006 and 18.02.2006, in pursuance of the proceedings bearing Tender No.03/01/01/34. Under these contracts, works of stevedoring, clearance

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2

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RRR,J & HN,J W.P.No.731/2008

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transportation, stacking and wagon loading of imported coking coal and non 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.

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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 or 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.”

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