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2007 Supreme(Del) 638

SANJAY KISHAN KAUL
MARINA WORLD SHIPPING CORPORATION LIMITED – Appellant
Versus
JINDAL EXPORTS PRIVATE LIMITED. – Respondent


Advocates appeared:
Amitava Majumdar, Arvind K. Gupta.
Rajiv Sahai, P. S. Sudheer, P. Hazarika, Anne Mathew.

JUDGMENT

Sanjay Kishan Kaul, J.

A charter party agreement was executed on 05.11.1994 in terms whereof the judgment debtor chartered the vessel of the decree holder. Disputes arose about the claim of the decree holder for demurrage which resulted in arbitration proceedings between the parties. This was a sequel to Arbitration Clause 19 of the Charter Party Agreement. The sole arbitrator Andreas Savva Christofides made and published his award dated 26.09.2000 at London, England. It may be noticed that the judgment debtor participated in the arbitration proceedings by filing replies and counter-claims. The judgment debtor also addressed a letter dated 02.08.2000 to the arbitrator that they would like to proceed in the arbitration on documents and would like to submit further submissions which were so submitted. In terms of letter dated 01.09.2000 the judgment debtor called upon the arbitrator to give a reasoned award after going through its submission. It may be noticed at this stage that these facts are available from the records of Company Petition No. 278/2002 filed by the decree holder against the judgment debtor and the said records were called for in view of there being some cont




























































































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