Disposed

Smit Singapore Pte. Ltd. v. Gulf Rocks Ksc and 9 Ors.

Bombay HC31 Aug 2010RPA/37/2010

Case brief

AI extract

What is this about?

Review petition in arbitration proceedings disposed of; original order unmodified except to direct joint survey before cargo removal, except where goods already removed. Related petition under Section 9 stands disposed.

What did the court decide?

Review petition disposed; order of 24 August 2010 modified to require joint survey for remaining cargo; disposed pending petitions under Section 9 and arbitration.

Smit Singapore Pte. Ltd. Vs Gulf Rocks Ksc and 9 Ors. — Arbitration | Bombay HC (2010)

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rp-L-95-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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REVIEW PETITION (LODGING) NO.95 OF 2010 IN APPEAL (LODGING) NO.557 OF 2010 IN ARBITRATION PETITION (L) NO.956 OF 2010

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Simit Singapore Pte. Limited ... Appellant Versus Gulf Rocks KSC and others. ... Respondents

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Mr.Ravi Kadam, Senior Advocate with Mr. Venkatesh Dhond, Mr. Ashish Kamat and Mr. Ashar i/by M/s. Crawford Bayley & Co. for the review petitioner.

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Mr. Prashant S. Pratap i/by Mr. H.G. Pratap for respondent Nos.3,4,6 to 10. Mr. U.J. Makhija with Ms. Manjiri Shah i/by M/s. Motiwala & Co. for respondent No.2.

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Ms. Richa Bharadwaja i/by Mr. Shashank Fadia for respondent No.5.

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CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD, J.

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Tuesday, August 31, 2010

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P .C.

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The order dated 24 August, 2010 was passed after hearing the parties. At that stage, the appellant had chosen not to produce any evidence in the form of a technical opinion to establish at least the extent of provisional damage to the cargo in question, for salvage services rendered by the appellant to the vessel m.v. Khalijia 3. Hence, we see no reason to modify our order dated 24 August, 2010. We, however, direct that before removing the goods, private respondents-owners of the cargo shall get a joint survey made for which the private respondents shall give intimation to the appellant about the date and time when the technical expert appointed by the private respondents shall carry

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out the survey.

This order will obviously not apply to the parties who have removed their cargo.

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No other modification is made in the order dated 24th August, 2010. Review petition stands disposed of.

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In our order dated 24 August, 2010, it had inadvertently remained to be mentioned that the petition before the learned Single Judge under Section 9 stands disposed of. It is common ground between learned counsel for the parties that in view of the order, nothing is further required to be done. Therefore, the arbitration petition before the trial court also stands disposed of.

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CHIEF JUSTICE

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DR. D.Y. CHANDRACHUD, J.

Smit Singapore Pte. Ltd. v. Gulf Rocks Ksc and 9 Ors.

Case brief

What is this about?

What did the court decide?

Smit Singapore Pte. Ltd. v. Gulf Rocks Ksc and 9 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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