ANOOP V.MOHTA
Axios Navigation – Appellant
Versus
Indian Oil Corporation Limited – Respondent
1. The Petitioners (the Claimants) have challenged a majority award passed by an Arbitral Tribunal consists of three commercial minded Arbitrators, dated 18 August 2008, and supported the reasons of minority award dated 26 September 2008. The Arbitral Tribunal was nominated under the Maritime Arbitration Rules of the Indian Council of Arbitration (Maritime Rules).
2. By a Tanker Voyage charterparty dated 30 September 2002, the Respondents chartered the (Owners) Claimants vessel, M.T. Pride Independence (the vessel) on certain terms and conditions. Lay time under the Charterparty was 72 hours and demurrage payable was US $ 22,000 per day or prorata for the part of the day. Since there was delay, the Petitioners made a claim of US $166,442.99 through their broker by invoice dated 29 November 2002 with 12% interest till realization, from 1 January 2003.
3. The Respondents (Charterers) disputed the time barred demurrage claims of the Petitioners as it was admittedly received beyond the period of 45 days from the date of completion of the discharge of the vessel.
4. On 23 October 2007, after a period of more than five years, after the closure of evidence of the witnesses and
R.S. Jiwani V IRCON International Limited 2010 (1) Mh.LJ 547
Union of India V Sun Media Services
Government of India V M/s. Acome & ors. AIR 2009 Del 102
Food Corporation of India v New India Assurance Co. Ltd. (1994) 3 SCC 324
National Insurance Co. Ltd. v Sujir Ganesh Nayak & Co. AIR 1997 SC 2049
V. M. Salgaocar & Bros v Board of Trustees of Port of Mormugao & anr. (2005) 4 SCC 613
State of Orissa v Mamata Mohanty (2011) 3 SCC 436
(NBCC Ltd. V J.G. Engineering Pvt. Ltd.) AIR 2010 SC 640
National Insurance Company Limited V Sujir Ganesh Nayak & Co. (1997) 4 SCC 366
Ispat Industries Limited V Shipping Corporation of India Limited 2010(2) Bom.CR 260
Jigar Vikamsey V Bombay Stock Exchange Limited 2010(1) Bom.CR 908
G. Ramchandra Reddy & Company v Unin of India & anr. (2009) 6 SCC 414
Madhya Pradesh Housing Board v Progressive Writers and Publishers (2009) 5 SCC 678
Ispat Engineer Foundary Works v Steel Authority of India (2001) 6 SCC 347
Sudarshan Trading v Allied Construction (2003) 7 SCC 396
Numaligarh Refinery Ltd v Daehim Industrial Co. Ltd. 2007(10) Scale 577/ (2007) 8 SCC 466
Bombay Construction and Engineering Private Limited V Mehta Finstock Pvt. Ltd.
Anupam Engineer, Mumbai V Indian Oil Corporation Ltd.
Union of India V Sagar Thermit Corporation Ltd. 2011 (2) Mh.LJ 845
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.