Telford Marine Dmcc v. Bhambhani Shipping Limited
10-CARBP-727-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 727 OF 2025 Telford Marine DMCC
...Petitioner
Versus
Bhambhani Shipping Limited
...Respondent
Mr. Prashant Pratap, Senior Advocate, a/w Rishabh Saxena, Sneha Goud, Lavanya Chopra, i/b Bose & Mitra & Co., for the Petitioner.
Mr. Mayur Khandeparkar, Counsel, a/w Monika Tanna, Harkirat Kaur, Ameya Garud, i/b Singhania Legal Services, for Respondent.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : OCTOBER 16, 2025 ORDER :
1.
On the last occasion, liberty was granted to the Respondent to file an affidavit setting out the particulars of the transfer of the only vessel owned by the Respondent. Towards this end, an affidavit dated October 10, 2025 has been filed.
2.
Learned Senior Counsel for the Petitioner points to Clause 8 in the Memorandum of Agreement for the sale of the said vessel (page 429 of the affidavit in reply) and points to the need for the Respondent to ASHWINI JANARDAN VALLAKATI share all the documents set out in Clause 8. He would also point to the ASHWINI JANARDAN VALLAKATI Date: 2025.10.18 15:59:18 +0530 concluding paragraphs of clause 8 to indicate that disclosure of a October 16, 2025 Ashwini Vallakati
10-CARBP-727-2025.doc Protocol of Delivery and Acceptance confirming the date and time of the delivery of the vessel from the Respondent to the new buyers is also required. He would also indicate that to ascertain whether the consideration contracted in the Memorandum of Agreement has been reduced by the Respondent, it would be necessary to see the invoice and the proof of payments in discharge of the consideration. So also, he would insist on provision of a confirmation of discharge of the charge enjoyed by Saraswat Bank, which would be part of the documents available with the Respondent.
3.
Learned Counsel for the Respondent submits that there would be no quarrel in providing all these documents. A copy of the same shall be provided to the Petitioner and also filed with this Court in the form of an affidavit. The affidavit tendered today as well as the new affidavit shall be electronically filed with the Registry within a period of one week from the date of upload of this order.
4.
Stand over to November 4, 2025.
5.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.] October 16, 2025 Ashwini Vallakati