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Madras High CourtA/3022/2025allowed

Keyara Impex Private Limited v. White Cloud Shipping Pte Ltd

2025-07-03Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.Nos.3022 & 3023 of 2025 in O.A.No.634 of 2025 In both Applications:

Keyara Impex Private Limited Plot No. 33 B, Gajulamadyam, Industrial Estate, Gajulamadyam, Chittoor, Andhra Pradesh - 517520, Rep. by its Director Mrs. Navya Teja Kari.

.. Applicant/Proposed Respondent -vs1. White Cloud Shipping Pte. Ltd., 17, Phillips Street, #05-01 Grand Building, Singapore-048695, Represented by its Director Mr.Hussain Kitabi.

2. Garuda Mineralia Private Limited formerly known as Garuda Mud Drilling Chemicals Private Limited, Plot No. 33B, Gajulamandyam Industrial Estate, Renigunta Mandal, Tirupathi Rural, Andhra Pradesh - 517 520, Rep by its Director.

3. Chennai Port Authority No.1, Rajaji Salai, Chennai 600 001, Rep by its Chairperson.

... Respondents/Respondents Common Prayer: Applications are filed under Order XIV Rule 8 of the 1/4

Madras High Court Original Side Rules Read With Order I Rule 10 of the CPC, 1908, to implead the Applicant herein to the proceedings in Arb.A.No.821 of 2025 & O.A.No.634 of 2025 as 3rd Respondent in the present proceedings.

In both applications:

For Applicant : Mr. P. Giridharan For R1 : Mr.S.Vasudevan For R2 : Mr.Gowtham S.Raman COMMON ORDER By these applications, a thirty party seeks to be impleaded in Arb.Appln.No.821 of 2025 and O.A.No.634 of 2025. The applications are filed on the basis that an order of interim injunction restraining the 2nd respondent from removing the cargo from the Chennai port was applied for and obtained although the cargo is owned by the third party applicant.

2. If the third party applicant is indeed the owner of the cargo, as asserted in the applications, the applicant would be affected by the order and, therefore, a necessary party. Hence, these applications are allowed as prayed for. Consequently, the applicant in Arbitration Application and 2/4

Original Application is directed to carry out the amendments in the respective applications on or before the next hearing date. Such applicant is also directed to file counter in the vacate injunction application filed by the third party.

03.07.2025 kj (1/2) To Chennai Port Authority No.1, Rajaji Salai, Chennai 600 001, Rep by its Chairperson.

SENTHILKUMAR RAMAMOORTHY,J.

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Kj A.Nos.3022 & 3023 of 2025 in O.A.No.634 of 2025 03.07.2025 (1/2) 4/4