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Madras High CourtOP/772/2006dismissed

M/S Poompuhar Shipping v. Great Eastern Shipping Co.,

2021-09-13Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 13TH DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR In the matter of Arbitration and Conciliation Act 1996, and In the matter of disputes relating to Vessel M.V. Surya Kripa, under Charter Party dated 07.07.1997 in the Final Award Dated 04.06.2002.

M/s Poompuhar Shipping Corporation Ltd, A Government of Tamilnadu, Enterprise at 473, IV Floor, Anna Salai, Nandanam Chennai 600 035 represented by it Chairman & Managing Director R.Satapati . . . Petitioner

Versus

1. M/s Varun Shipping Company Limited Laxmi building 6, Shoorji Vallabhdas Marg Ballard Estate Mumbai 400 001

2. Mr. N. Sukumaran 537, Kailash Tower II DDA (SFS) Flats East of Kailash

New Delhi 110 065.

3. Mr. T. V. Shanbhag Plot No. 494,10th Street Anna Nagar West (Extn) Chennai 600 104.

4. Mr. T. R. Gopalakrishnan 101/1, Dr. Radhakrishnan Road Chennai 600 004.

. . . Respondents Original Petition praying that this Hon'ble Court be pleased to set aside the final Award dated 04.06.2002 passed by the respondents 2 to 4 under the Charter party reference dated 07.07.1997 with costs. This Original Petition coming on this day before this court for hearing in the presence of Ms. Raja Mani Ponnu for M/s. C. Ramesh, Advocates for the petitioner herein and upon reading the petition and the Award dated 04/06/2002 filed herein and the court having observed that the learned counsel for the petitioner submitted that he has sent a letter to his client and he has not received any instruction from his client and it is ordered as follows:- That the O.P.772 of 2006 be and is hereby dismissed.

2. That there shall be no costs in this original petition. WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 13TH DAY OF SEPTEMBER 2021.

Sd/- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

NS 07.10.2021

ORDER

DATED 13/09/2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR FOR APPROVAL: 13/10/2021 APPROVED ON: 18/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P No. 772 of 2006 M/s Poompuhar Shipping Corporation Ltd, A Government of Tamilnadu, Enterprise at 473, IV Floor, Anna Salai, Nandanam Chennai 600 035 represented by it Chairman & Managing Director R.Satapati . . . Petitioner

Versus

1. M/s Varun Shipping Company Limited Laxmi building 6, Shoorji Vallabhdas Marg Ballard Estate Mumbai 400 001

2. Mr. N. Sukumaran

3. Mr. T. V. Shanbhag

4. Mr. T. R. Gopalakrishnan . . . Respondents PRAYER : Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to set aside the final Award dated 04.06.2002 passed by the respondents 2 to 4 under the Charter party reference dated 07.07.1997 with costs.

For Petitioner : Ms.Rajamani ponnu for M/s.C.Ramesh For Respondents : Court Notice of R1 to R4 returned unserved.

ORDER

This original petition has been filed to set aside the final Award dated 04.06.2002 passed by the respondents 2 to 4 under the Charter party reference dated 07.07.1997 with costs.

2. Today when the matter was taken up for hearing, the learned counsel for the petitioner submitted that he has sent a letter to his client and he has not received any instructions from his client.

3. In view of the above submission made by the learned counsel for the petitioner, this original petition is dismissed. No cost. Sd/- N.S.K.J.

13/09/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.