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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE NINALA JAYASURYA, SMT JUSTICE KIRANMAYEE MANDAVA, JJ
Sarala Foods Private Limited – Appellant
Versus
Zion Shipping Limited – Respondent
ORDER :
(NJS, J.)
Assailing the order of the learned Single Judge dated 23.04.2024 passed in ICOMAOA No.5 of 2024, filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) granting conditional order of attachment, the present Appeal has been preferred. The appellant is the respondent No.1 in the said application.
2) For the sake of convenience, the parties are referred to as arrayed in ICOMAOA No.5 of 2024.
3) The case of the petitioner as set out in the application may briefly be stated thus:
4) The petitioner is a Hong Kong company engaged in the business of owning and chartering out vessels. The respondents 1 to 3 are engaged in the sale and export of agricultural commodities such as rice. On 12.03.2021 the petitioner and the respondents 1 to 3 executed a fixture note / charter party agreement under which, the petitioner chartered the vessel MV HAN THAR to respondents 1 to 3. The fixture note, inter alia, provides for various terms and conditions and the demurrage rate was fixed at USD 7500 per day. It also provides for settlement of disputes between the parties through arbitration in Singapore.
5) The petitioner in terms of the contract carried the ca
A conditional order of attachment under Section 9 of the Arbitration and Conciliation Act does not constitute a final order, allowing the respondent to furnish security to lift the attachment.
An attachment before judgment requires a strong prima facie case and demonstration of urgency, which the appellant failed to establish.
Interim relief under Arbitration Act can secure assets to prevent loss of arbitral awards, necessitating enforcement of contractual obligations despite procedural technicalities.
(1) Attachment before Judgment – Even in absence of necessary pleadings, Court can exercise power of attachment under Order 38 Rule 5 CPC.(2) Attachment before Judgment – Order 38 Rule 5 CPC does not....
Recovery of amount – Attachment of property – Void as the property subject matter of the suit not standing in the name of the first defendant, as the entire claim in the suit was against the first de....
The court emphasized the necessity of satisfying pre-conditions under Order 38 Rule 5 CPC for granting interim relief under Section 9 of the Arbitration Act.
Satisfaction of the Court is a pre-requisite for grant of conditional attachment under Order XXXVIII, Rule 5 of CPC. Failure to comply with the requirements of Order XXXVIII, Rule 5 of CPC renders th....
The appeal under Order 38 Rule 5 of the CPC is maintainable when conditional attachment is involved, ensuring proper legal mechanisms for securing claims.
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