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R. RAGHUNANDAN RAO
Omar Shipping Sa – Appellant
Versus
Rika Global Impex Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : AVANIJA INUGANTI
For the Respondent: VIVEK CHANDRA SEKHAR S

ORDER :

In an Arbitration, initiated in London, by the respondent herein, an award dated 05.11.2012, has been passed against the Applicant herein and one M/s SETIT International Import Export PLC, jointly and severally, for payment of a sum of Rs.862,935 U.S dollars together with interest at 451,060 dollars at 5.5% per annum compounded at three monthly rests from 06.06.2012 until date of payment and interest at the same rate to be paid on U.S dollars 411,877 from the date of award until payment.

2. The Respondent, which is a ship owning company, had invoked Arbitration, in London, by relying upon the following facts:

    a) By way of a fixture note, dated 13.05.2012, the Charterer, M/s. Marina Shipping and Trading Pte Ltd chartered the Vessel M.V. Omar B, owned by the Respondent for performing a voyage from Kakinada port to Massawa in Eritrea. The fixture note was in the form of GENCON (1994 edition).

b) The vessel, Omar B, in pursuance of the said fixture note, reached Kakinada port and loaded the Cargo on 29.05.2012. On the same day, a Bill of Lading dated 29.05.2012 was signed by the agents of the Charterer, Lotus Marine Services Private Limited. The Bill of Lading is also shown as sign

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