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2021 Supreme(Cal) 35

RAVI KRISHAN KAPUR
Kanoi Tea Private Limited – Appellant
Versus
Octavius Tea And Industries Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ratnanko Banerji, Mr. Debdut Mukherjee, Ms. Shivangi Thard, Mr. Kanishk Kejriwal, Adv
For the Respondent: Mr. Surajit Nath Mitra, Mr. Dhiren Sharma, Adv.

JUDGMENT :

1. This is an application under Section 9 of the Arbitration and Conciliation Act, 1996. The petitioner seeks interim reliefs primarily restraining the respondent from interfering with its right to lift quantities of tea lying at the godown of the respondent. The respondent on the other hand claims godown charges which the petitioner alleges are exorbitant and not borne out from the agreement between the parties.

2. Admittedly, the petitioner and the respondent have had business dealings since 2008. The parties had entered into an agreement for storage of tea packages of various tea traders in the godown of the respondent on terms and conditions contained in the agreement dated 21 May, 2008. The agreement for storage was subsequently modified in 2017 and 2018. Thereafter, in view on the ongoing pandemic COVID-19 the parties also entered into a supplementary agreement dated 01.07.2020. On 5 May, 2021 the petitioner was served with a demand for Rs.56,02,542/-on account of outstanding storage charges. The demand also stated that the petitioner would not be able to continue its business activities from the premises of the respondent.

3. It is alleged on behalf of the petitioner

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