Dismissed

M/S. Capital Cashew v. M/S. Ibrahim Commodities

Kerala HC5 Jul 2018OP(ICA)/4/2018

Case brief

AI extract

What is this about?

The High Court held that an international commercial arbitration petition filed under the Arbitration and Conciliation Act, 1996 is not maintainable before the Court and dismissed the petition, allowing the petitioner to approach the appropriate statutory authority.

What did the court decide?

The original petition is dismissed, leaving open the liberty to approach the appropriate statutory authority.

M/S. Capital Cashew Vs M/S. Ibrahim Commodities — Arbitration | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940

¶5

OP(ICA).No. 4 of 2018

¶6

---------------------

¶7

PETITIONER

¶8

M/S.CAPITAL CASHEW, MUKHATHALA.P.O,KOLLAM-691577, REPRESENTED BY ITS PROPRIETOR HARIS.

¶9

BY ADV.SRI.S.K.ADHITHYAN

¶10

RESPONDENT(S):

¶11

1. M/S.IBRAHIM COMMODITIES,

¶12

TP/VIII/832,PAVUMBA,KANNUR-690574.

¶13

2. M/S B.S.V.SHIPPING AGENCIES PVT.LTD,

¶14

SOUTH RAJA STREET,TUTICORIN,TAMIL NADU-628001,INDIA.

¶15

3. M.S HARI & CO,CFS DIVISION,HARI CFS PARK 4/29 E,

¶16

MADURAI BY-PASS ROAD,TUTICORIN-628006.

¶17

4. BOARD OF TRUSTEES,

¶18

V/O.CHIDAMBARANAGAR POST TRUST,TUTICORIN,TAMIL

¶19

NADU-628004,

¶20

REPRESENTED BY ITS CHAIRMAN.

¶21

5. COMMISSIONER OF CUSTOMS,

¶22

NEW HARBOUR ESTATE,TUTICORIN,TAMIL NADU,PIN-628004.

¶23

THIS ORIGINAL PETITION INTERNATIONAL COMMERCI HAVING BEEN FINALLY HEARD ON 05-07-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

K.V.

¶25

OP(ICA).No. 4 of 2018

¶26

APPENDIX

¶27

PETITIONERS ANNEXURES:

¶28

A1: A TRUE COPY OF THE CONSIGNMENT PORT-TO-PORT BILL OF LADING WITH BILL LADING NO.DAR800015801 DATED 9.3.2018

¶29

A2: A TRUE COPY OF THE CONSIGNMENT PORT-TO-PORT BILL OF LADING WITH BILL OF LADING NO DAR8000015802 DATED 9.3.2018.

¶30

A3: A TRUE COPY OF THE CONSIGNMENT PORT-TO-PORT BILL LADING WITH WILL OF LADING NO DAR800015803 DATED 9.3.2018.

¶31

A4: A TRUE COPY OF THE SALES/PURCHASE CONTRACT BETWEEN THE PETITIONER AND THE 1ST RESPONDENT DATED 17.3.2018 WITH CONTRACT NO 1C/001.

¶32

A5: A TRUE COPY OF THE HIGH SEA SALE AGREEMENT DATED 22.3.2018 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT TRANSFERRING BILL LADING NO DAR800015801.

¶33

A6: A TRUE COPY OF THE HIGH SEA INVOICE DATED 22.3.2018 ISSUED BY THE SEOCND RESPONDENT TO THE PETITIONER DATED 22.3.2018.

¶34

A7: A TRUE COPY OF THE LETTER ISSUED TO MANAGER PIL-PACIFIC INTERNATIONAL LINE (PTE) LTD,TUTICORIN BY THE 1ST RESPONDENT.

¶35

A8: A TRUE COPY OF THE LETTER ISSUED TO THE 5TH RESPONDENT BY THE 1ST RESPONDENT.

¶36

A9: A TRUE COPY OF THE HIGH SEA SALE AGREEMENT DATED 22.3.2018 BETWEEN THE 1ST RESPONDENT TRANSFERRING BILL OF LADING NO DAR800015801

¶37

A10: A TRUE COPY OF THE HIGH SEA INVOICE DATED 22.3.2018 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 22.3.2018.

¶38

A11: A TRUE COPY OF THE LETTER ISSUED TO MANAGER PIL-PACIFIC INTERNATIONAL LINE (PTE) LTD,TUTICORIN BY THE 1ST RESPONDENT.

¶39

A12; A TRUE COPY OF THE LETTER ISSUED TO THE 5TH RESPONDENT BY THE 1ST RESPONDENT.

¶40

A13: A TRUE COPY OF THE HIGH SEA SALE AGREEMENT DATED 22.3.2018 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT TRANSFERRING BILL OF LADING NO DAR800015803.

¶41

A14: A TRUE COPY OF THE HIGH SEA INVOICE DATED 22.3.2018 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 22.3.2018.

¶42

A15: A TRUE COPY OF THE LETTER ISSUED TO MANAGER, PIL-PACIFIC INTERNATIONAL LINE (PTE)LTD TUTICORIN BY THE 1ST RESPONDENT.

¶43

A16: A TRUE COPY OF THE LETTER ISSUED TO THE 5TH RESPONDENT BY THE 1ST RESPONDENT.

¶44

A17: A TRUE COPY OF THE RELEVANT PAGE OF THE BANK STATEMENT SHOWING THE TRANSFER OF THE AMOUNT TO THE 1ST RESPONDENT DATED 2.6.2018 ISSUED BY INDIAN BANK,AYATHIL BRANCH, KOLLAM.

¶45

OP(ICA).No. 4 of 2018

¶46

A18: TRUE COPY OF THE ORIGINAL BILL OF LADING NO 770552134 DATED 15.5.2018 CONSIGNED TO THE 1ST RESPONDENT.

¶47

RESPONDENTS EXHIBITS: NIL --------------------

¶48

/TRUE COPY/ K.V. P.S.TO JUDGE 7.7.2018

¶49

SHAJI P. CHALY, J.

¶50

O.P.(ICA). No. 4 OF 2018

¶51

Dated this the 05^th day of July, 2018

¶52

JUDGMENT

¶53

This original petition is filed by the petitioner under the provisions of the Arbitration and Conciliation Act, 1996. Apparently, it is an International Commercial Arbitration. Therefore, this original petition is not maintainable before this Court, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

¶54

Therefore, this original petition is dismissed, leaving open the liberty of the petitioner to approach the appropriate statutory authority, in accordance with law.

¶55

sd/- SHAJI P. CHALY JUDGE

¶56

DCS

M/S. Capital Cashew v. M/S. Ibrahim Commodities

Case brief

What is this about?

What did the court decide?

M/S. Capital Cashew v. M/S. Ibrahim Commodities

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.E.Sreedevi Vs the State of Kerala

Raveendran Vs the Revenue Divisional Officer

Wilson Vs Pudukkad Grama Panchayath

Aneefa Vs the Revenue Divisional Officer (R.D.O)

T.K.Thambi Vs a.Ranjan I.F.S.

Fr. Joseph Samuel Karukayil Vs Rajeev Sadanandan IAS