Interocean Shipping (India) Pvt. Ltd. v. Oil And Natural Gas Corporation Ltd.

2-COMAPL-146-2017.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION COMMERCIAL APPEAL NO. 146 OF 2017 IN ARBITRATION PETITION NO. 549 OF 2013 WITH NOTICE OF MOTION NO. 43 OF 2017 IN COMMERCIAL APPEAL NO. 146 OF 2017 IN ARBITRATION PETITION NO. 549 OF 2013 WITH INTERIM APPLICATION NO. 1692 OF 2019 IN COMMERCIAL APPEAL NO. 146 OF 2017 IN ARBITRATION PETITION NO. 549 OF 2013 Interocean Shipping (India) Pvt Ltd ...Appellant

Versus

Oil & Natural Gas Corporation Ltd

...Respondent

ARUN RAMCHNDRA SANKPAL by ARUN RAMCHNDRA SANKPAL Date: 2022.08.23 10:50:22 +0530 Mr Sunip Sen,with Javed Gaya , Shreya Parekh, Vidya Chaudhari & Mona Malvade, i/b Chamber of Javed Gaya, for the Appellant. Mr Pankaj Sawant, Senior Advocate, with Ali Abbas Delhiwala, JP 18th August 2022

2-COMAPL-146-2017.DOC Kapadia, O Mohandas & Maitri Yadav, i/b Little & Co.

CORAM

G.S. Patel & Gauri Godse, JJ.

DATED:

18th August 2022 PC:- 1.

In view of our decision in Commercial Appeal No. 35 of 2016, this Appeal is similarly dismissed for the same reasons. The impugned judgment in this case is of 9th June 2017.1 The contracts' terms are identical, only the vessels are different. The same argument of contra proferentem was taken, and comprehensively rejected. The impugned order just happens to have been passed by another Single Judge of this Court in a separate set of challenge Petitions. The issues are the same.

2.

Mr Sen fairly concedes that no other issues will survive for consideration in light of the view that we have taken in Commercial Appeal No.35 of 2016.

3.

This Appeal is therefore also dismissed. No costs. 4.

All pending Interim Applications are disposed of as infructuous.

(Gauri Godse, J) (G. S. Patel, J) ONGC Ltd v Interocean Shipping (India) Pvt Ltd, 2017 SCC OnLine Bom 10032 : (2017) 5 Bom CR 7.

18th August 2022