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2022 Supreme(Bom) 2085

G. S. KULKARNI
Ocean Sparkle Limited – Appellant
Versus
Oil And Natural Gas Corporation Ltd – Respondent


Advocates Appeared:
Mr. Prathmesh Kamat With Ms.Ashwini Sinha I/B. Bhatt & Saldana, for the Appellant; Mr.Vishal Kanade With Nishit Dhruva, Kushbu Chhajed And Atharva Diwe I/B. Mdp & Partners, for the Respondent.

JUDGMENT

1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act,1996 (for short 'the Act') whereby the petitioner has prayed for interim reliefs pending the arbitral proceedings.

2. Perusal of the memo of the petition shows that the disputes and differences between the parties have arisen under the contract agreement dated 14 June 2018 (referred to as 'the contract agreement')as awarded by respondent No.1 - Oil and Natural Gas Corporation Ltd (for short 'ONGC') to the petitioner, under which the petitioner chartered its vessel i.e. 'OSL Glory' (for short 'the said vessel') to ONGC for a period of three years (1095 days), commencing from 20 March 2018 at 12.18 hours. The parties agreed that the contract agreement would stand completed unless automatically extended for a period not exceeding 30 days under the same rates to the satisfaction of the ONGC.

3. It is the case of the petitioner that in furtherance of the contract agreement, the said vessel as chartered to the ONGC was to be utilized for the purpose of its off shore activities which were detailed in 'Schedule C' to the contract agreement. The contract agreement provides that the petitioner would rai

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