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High Court of DelhiO.M.P.(I) (COMM.)/219/2024

Bunge Sa Geneva A Company Incorporated Under The Laws Of Switzerland v. Rashtriya Ispat Nigam Limited & ANR.

2024-10-01Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 219/2024 BUNGE SA GENEVA A COMPANY INCORPORATED UNDER THE LAWS OF SWITZERLAND .....Petitioner Through:

Mr. Arvind Kumar Gupta, Advocate.

versus RASHTRIYA ISPAT NIGAM LIMITED & ANR. .....Respondents Through:

Mr. Abhishek Gupta, Mr. Udit Kr.

Thakur & Mr. Vaibhav Dayma, Advocates for Respondent No.1

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 01.10.2024 I.A. 41069/2024 1.

This is an application on behalf of the Petitioner for correction of the Order dated 25.09.2024.

2.

It is stated that there are some typographical errors in the said order. It is stated that in Paragraph No.1 of the said order, it has been recorded that "This application has been filed by the Respondent No.1 seeking vacation of status quo Order dated 09.07.2024, passed by this Court with respect to the cargo of 29,000 MT of cocking coal which is the subject matter of the dispute in the present petition" instead of "This application has been filed by the Respondent No.1 seeking vacation of status quo Order dated 09.07.2024, passed by this Court with respect to the attachment of the cargo of 29,000 MT of coking coal towards the 100% outstanding freight and demurrage which is the subject matter of the dispute in the present petition." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:51:32

3.

It is stated that in Paragraph Nos. 2, 4, 5 & 6 of the Order dated 25.09.2024, it has been recorded that "10% of the freight invoice amounting to USD 108,872.28" instead of "10% of the freight and demurrage invoice amounting to USD 1,088,827.69".

4.

Similarly, it is stated that in Paragraph No.6 this Court had directed "the Petitioner" instead of "Respondent No.2" to release the balance 20000 MT of the coking coal. It is also stated that in Paragraph 4 & 6 of the said Order, the word "Defendant" has been mentioned, instead of "Respondent". 5.

The said order stands corrected accordingly.

6.

Let a copy of this order be supplied conjointly as and when a certified copy of the Order dated 25.09.2024 is applied for. 7.

The application is disposed of.

O.M.P.(I) (COMM.) 219/2024 1.

Even though only I.A. 41069/2024 has been listed for hearing today, learned Counsel for the Petitioner states that since the entire amount has been paid, he will withdraw the present petition. 2.

Needless to state that the Petitioner is always at liberty to claim any other amount that is due and payable to him by the Respondent(s). 3.

In view of the above, the petition is disposed of as withdrawn. SUBRAMONIUM PRASAD, J OCTOBER 1, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:51:32