The Court closed two original petitions (OP Nos.2 and 3 of 2018) regarding international commercial disputes and deferred bank guarantee release pending arbitration appeals' conclusion.
Bank guarantee No.0146618IPG000052 to be released to counsel for the 1st respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942 OP(ICA).No.2 OF 2018
PETITIONER:
ABAAN IMPEX PVT. LTD. 1551 P.S. COMPLEX, SRIKARYAM, THIRUVANANTHAPURAM, KERALA PIN : 695 017 REPRESENTED BY ITS MANAGING DIRECTOR MR. NAJEEB.
BY ADVS. SRI.B.ASHOK SHENOY SMT.C.G.PREETHA SRI.P.S.GIREESH SRI.RIYAL DEVASSY
RESPONDENTS:
1 M/S. SURYADEEP INTERNATIONAL FZC. SAIF LOUNGE, P.O.BOX NO. 122028, SHARJAH, UAE.
2 M/S. CHOLA LOGISTIKS PVT. LTD #121, HARBOUR EXPRESS ROAD, TUTICORIN, TAMIL NADU,PIN: 628 008.
3 BOARD OF TRUSTEES
V.O CHIDAMBARANAR PORT TRUST, TUTICORIN, TAMIL NADU,PIN: 628 004 REPRESENTED BY ITS CHAIRMAN.
4 COMMISSIONER OF CUSTOMS, NEW HARBOUR ESTATE, TUTICORIN, TAMIL NADU, PIN : 628 004.
R1 BY ADV. SRI.AJITH JOY R1 BY ADV. SRI.ANEESH JAMES R3 BY ADV. K.ANAND (SR.) R3 BY ADV. LATHA ANAND
THIS ORIGINAL PETITION INTERNATIONAL COMMERCI HAVING BEEN FINALLY HEARD ON 22.10.2020, ALONG WITH OP(ICA).3/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(ICA)NOs.2 & 3 of 2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942
OP(ICA).No.3 OF 2018
PETITIONER:
WOODLAND IMPORT & EXPORT, TOLL JUNCTION, KOWDIAR, THIRUVANANTHAPURAM,KERALA REPRESENTED BY ITS PROPRIETOR MR. NAJEEB.
BY ADVS. SRI.B.ASHOK SHENOY SMT.C.G.PREETHA SRI.P.S.GIREESH SRI.RIYAL DEVASSY
RESPONDENTS:
1 M/S.SURYADEEP INTERNATIONAL FZC SAIF LOUNGE, P.O. BOX NO. 122028, SHARJAH, UAE.
2 M/S. CHOLA LOGISTIKS PVT. LTD #121, HARBOUR EXPRESS ROAD, TUTICORIN, TAMIL NADU,PIN: 628 008.
3 BOARD OF TRUSTEES V.O CHIDAMABARANAR PORT TRUST, TUTICORIN, TAMIL NADU,PIN: 628 004 REPRESENTED BY ITS CHAIRMAN.
4 COMMISSIONER OF CUSTOMS NEW HARBOUR ESTATE, TUTICORN, TAMIL NADU, PIN: 628 004.
R1 BY ADV. SRI.AJITH JOY R1 BY ADV. SRI.ANEESH JAMES R3 BY ADV. K.ANAND (SR.) R3 BY ADV. LATHA ANAND
THIS ORIGINAL PETITION INTERNATIONAL COMMERCI HAVING BEEN FINALLY HEARD ON 22.10.2020, ALONG WITH OP(ICA).2/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(ICA)NOs.2 & 3 of 2018
3
JUDGMENT
Dated this the 22nd day of October 2020
Both these OP(ICA)s were filed at a time when proceedings of international arbitration were going on. Now, the said proceedings are over and the appeal filed against those proceedings are also over. Therefore, there is no meaning in keeping these OP(ICA)s pending. OP(ICA) No.2 of 2018 is closed.
The bank guarantee, which is furnished in OP (ICA) No.3 of 2018 furnished as security and which is directed to be kept under the custody of the Registrar General of this court i.e BG No.0146618IPG000052 dated 14.07.2020 which was extended till 21.09.2020 shall be released to the counsel for the first respondent, Sri. Ajith Joy. OP(ICA)No.3 of 2018 is also closed with the above direction.
Sd/-
P.V.ASHA
JUDGE
DK
OP(ICA)NOs.2 & 3 of 2018
4
APPENDIX OF OP(ICA) 2/2018
PETITIONER'S EXHIBITS:
| ANNEXURE | 1 | TRUE COPY OF THE NO.SC/SDI/2017-18 |
SALES CONTRACT BEARING /0117 DATED 06.02.2018. |
|---|---|---|---|
| ANNEXURE | 2 | TRUE COPY OF COMM NO.SDI/NG/0136/20 |
ERCIAL INVOICE 18-19 DATED 30.04.2018. |
| ANNEXURE | 3 | TRUE COPY OF THE RECEIPT DATED 08. |
ADVANCE SWIFT TRANSFER 02.2018. |
| ANNEXURE | 4 | TRUE COPY OF THE 09.02.2018 ISSUED MERCANTILE BANK L THIRUVANANTHAPURA |
ACCOUNT EXTRACT DATED BY THE TAMILNAD TD., M. |
| ANNEXURE | 5 | TRUE COPY OF THE DATED 08.02.2018 COMPANY. |
LEDGER ACCOUNT EXTRACT OF THE PETITIONER |
| ANNEXURE | 6 | TRUE COPY OF THE DATED 22.03.2018 |
ORIGINAL BILL OF LADING BEARING NO.BSEO185690. |
| ANNEXURE | 7 | TRUE COPY OF THE ISSUED BY THE PET RESPONDENT. |
LETTER DATED 19.05.2018 ITIONER TO THE 1ST |
| ANNEXURE | 8 | TRUE COPY OF THE ISSUED BY MR.SPAR LEARNED ARBITRATO |
E-MAIL DATED 07.01.2019 SH KEJRIWAL TO THE R MR.PETER MORGAN. |
| ANNEXURE | 9 | TRUE COPY OF THE ISSUED BY THE LEA MR.PETER MORGAN T |
E-MAIL DATED 08.01.2019 RNED ARBITRATOR O MR.SPARSH KEJRIWAL. |
| ANNEXURE | 10 | TRUE COPY OF THE ISSUED BY MR.SPAR LEARNED ARBITRATO |
E-MAIL DATED 10.01.2019 SH KEJRIWAL TO THE R MR.PETER MORGAN. |
| ANNEXURE | 11 | TRUE COPY OF THE PETITIONER/1ST RE LEARNED ARBITRATO |
STATEMENT FILED BY THE SPONDENT BEFORE THE R. |
| ANNEXURE | 12 | TRUE COPY OF THE 1ST RESPONDENT/PE LEARNED ARBITRATO |
REJOINDER FILED BY THE TITIONER BEFORE THE R. |
OP(ICA)NOs.2 & 3 of 2018
5
ANNEXURE 13 COPY OF THE E-MAIL DATED 09.04.2020 FROM THE NUT ASSOCIATION TO THE 1ST RESPONDENT IN THE IA. ANNEXURE 14 COPY OF THE E-MAIL DATED 16.4.2020 FROM THE NUT ASSOCIATION TO THE 1ST RESPONDENT IN THE IA.
ANNEXURE 15 TRUE COPY OF THE LETTER DATED NIL ISSUED BY MANAGING DIRECTOR, ABAAN IMPEX PVT.LTD. TO THE NUT ASSOCIATION.
R ESPONDENTS' EXHIBITS:
ANNEXURE 1 VAKALATH
ANNEXURE 2 COMMUNICATION RELINQUISHING VAKALTH BY PREVIOUS COUNSEL.
ANNEXURE 3 INTERIM ORDER DATED 04.06.2018 ATTACHING CONTAINERS.
ANNEXURE 4 BG NO.0146618IPG000051 DATED 22.06.2018 FOR AN AMOUNT OF RS.13,47,493,00/SUBMITTED BY PETITIONER TO THIS COURT.
ANNEXURE 5 HON'BLE COURT DATED 27.06.2018 IN I.A.NO.8/2018.
ANNEXURE 6 LETTER EXTENDING BANK GUARANTEE UNTIL 21.06.2020. ANNEXURE 7 AWARD DATED 04.03.2020 OF THE NUT ASSOCIATION.
ANNEXURE 8 SCANNED COPY OF O.P.(ICA)NO.2 OF 2018. ANNEXURE 9 BANK TRANSFER OF 22.06.2018 IN ALLAHABAD BANK SHOWING DEPOSIT OF BG AMOUNT (BOTH CASES).
OP(ICA)NOs.2 & 3 of 2018
6
APPENDIX OF OP(ICA) 3/2018
PETITIONER'S EXHIBITS:
| ANNEXURE | 1 | TRUE COPY OF THE SALES CONTRACT BEARING NO.SC/SDI/2017-18/0120 DATED 09.02.2018. |
|---|---|---|
| ANNEXURE | 2 | TRUE COPY OF THE PROFORMA INVOICE NO.PI/SDI/2017-18/0120 DATED 09.02.2018. |
| ANNEXURE | 3 | TRUE COPY OF THE DELIVERY REPORT ISSUED BY BANK OF BARODA, PEROORKADA, THIRUVANANTHAPURAM. |
| ANNEXURE | 4 | TRUE COPY OF THE ACCOUNT EXTRACT ISSUED BY THE BANK OF BARODA, PEROORKADA, THIRUVANANTHAPURAM. |
| ANNEXURE | 5 | TRUE COPY OF THE LEDGER ACCOUNT EXTRACT DATED 14.02.2018 OF THE PETITIONER. |
| ANNEXURE | 6 | TRUE COPY OF THE ORIGINAL BILL OF LADING DATED 22.03.2018 BEARING NO.BSE0185690 WHEREIN THE 1ST RESPONDENT IS THE SHIPPER/EXPORTER OF DRIED RAW CASHEW NUTS IN SHELL CONSIGNED TO TUTICORIN PORT. |
| ANNEXURE | 7 | TRUE COPY OF THE LETTER DATED 13.04.2018 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. |
| ANNEXURE | 8 | TRUE COPY OF THE E-MAIL DATED 07.01.2019 ISSUED BY MR.SPARSH KEJRIWAL TO THE LEARNED ARBITRATOR MR.PETER MORGAN. |
| ANNEXURE | 9 | TRUE COPY OF THE E-MAIL DATED 08.01.2019 ISSUED BY THE LEARNED ARBITRATOR MR.PETER MORGAN TO MR.SPARSH KEJRIWAL. |
| ANNEXURE | 10 | TRUE COPY OF THE E-MAIL DATED 10.01.2019 ISSUED BY MR.SPARSH KEJRIWAL TO THE LEARNED ARBITRATOR MR.PETER MORGAN. |
| ANNEXURE | 11 | TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER/1ST RESPONDENT BEFORE THE LEARNED ARBITRATOR. |
| ANNEXURE | 12 | TRUE COPY OF THE REJOINDER FILED BY THE |
OP(ICA)NOs.2 & 3 of 2018
7
1ST RESPONDENT/PETITIONER BEFORE THE LEARNED ARBITRATOR.
| ANNEXURE 13 | COPY OF THE E-MAIL DATED 09.04.2020 FROM |
|---|---|
| THE NUT ASSOCIATION TO THE 1ST | |
| RESPONDENT IN THE IA. | |
| ANNEXURE 14 | COPY OF THE E-MAIL DATED 16.4.2020 FROM |
| THE NUT ASSOCIATION TO THE 1ST | |
| RESPONDENT IN THE IA. |
ANNEXURE 15 TRUE COPY OF THE LETTER DATED 04.04.2020 ISSUED BY MANAGING DIRECTOR, WOODLAND IMPORT AND EXPORT OT THE NUT ASSOCIATION.
ANNEXURE 16 A TRUE COPY OF THE APPEAL AWARD DATED 12.06.2020 OF BY THE APPEAL BOARD ISSUED BY THE NUT ASSOCIATION.
RESPONDENTS' EXHIBITS:
ANNEXURE 1 VAKALATH ANNEXURE 2 COMMUNICATION RELINQUISHING VAKALTH BY PREVIOUS COUNSEL.
ANNEXURE 3 INTERIM ORDER OF THIS HON'BLE COURT DATED 06.06.2018 ATTACHING CONTAINERS. ANNEXURE 4 BG NO.0146618IPG000052 DATED 22.06.2018 FOR AN AMOUNT OF RS.13,47,493,00/SUBMITTED BY PETITIONER OF THIS HON'BLE COURT.
ANNEXURE 5 ORDER OF THIS HON'BLE COURT DATED 27.06.2018 IN I.A.NO.7/2018. ANNEXURE 6 LETTER EXTENDING BANK GUARANTEE UNTIL 21.06.2020. ANNEXURE 7 AWARD DATED 04.03.2020 OF THE NUT ASSOCIATION. ANNEXURE 8 SCANNED COPY OF O.P.(ICA)NO.2 OF 2018. ANNEXURE 9 BANK TRANSFER OF 22.06.2018 IN ALLAHABAD BANK SHOWING DEPOSIT OF BG AMOUNT (BOTH CASES).
Abaan Impex Pvt. Ltd.
M/s. Suryadeep International FZC
M/s. Chola Logistiks Pvt. Ltd.
Board of Trustees V.O Chidambaranar Port Trust
Commissioner of Customs
Woodland Import & Export
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
