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2020 Supreme(Del) 667

REKHA PALLI
Rashmi Cement Ltd – Appellant
Versus
World Metals & Alloys (FZC) – Respondent


Advocates Appeared:
Zarir Bharucha, Advocate, Bimal Rajasekhar, Advocate, Shrey Patnaik, Advocate, Umang Thakur, Advocate, Chandrasekhar Haridh, Advocate, Rohaan Pajnigar Arvind Kr Gupta, Advocate, Rishi Bhardwaj, Advocate

JUDGMENT

Rekha Palli, J. - Allowed, subject to all just exceptions.

    2. The applicant will deposit the court fees within two weeks of the normal functioning of the Court being restored.

      O.M.P.(I)(COMM) 117/2020 & I.A. 4135/2020

        O.M.P.(I)(COMM) 118/2020 & I.A. 4138/2020

        3. The present petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ''the Act''), both filed by M/s. Rashmi Cement Ltd. seek a direction to the respondents, i.e., World Metals and Alloys (FZC) and its agent, to forthwith release its cargo comprising of Manganese Ore Lumpy without claiming any demurrage.

          4. For the sake of convenience, the facts as noted in O.M.P.(I)(COMM) 118/2020 have been referred to in this decision.

            5. The petitioner entered into a contract with respondent no.1 on 13.12.2019 to purchase 3000 M.T. of Manganese Ore lumpy at USD 4.05 per Dry Metric Ton Units (DMTU). The cargo was to be transported by vessel ''Vega Aquarius'' between the agreed upon loading point, i.e., Port Gabon and the discharge point at Haldia Port, Kolkata. On 15.01.2020, in accordance with Clause 15 of the contract, the petitioner opened a Letter of Credit (LC) for a sum of USD 51030

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