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2021 Supreme(Del) 1373

C. HARI SHANKAR
Thar Camps Pvt. Ltd. – Appellant
Versus
Indus River Cruises Pvt. Ltd. – Respondent


Advocates appeared:
Dayan Krishnan, Advocate, Shivam Sharma, Advocate, Ritika Goyal, Advocate, Aakashi Lodha, Advocate, Manmeet Arora, Advocate, Fareha Ahmad Khan, Advocate, Samapika Biswal, Advocate, Shagun Chopra, Advocate, Shivek Trehan, Advocate, Ashish Dholakia, Advocate, Pranay Mohan Govil, Advocate

JUDGMENT

C Hari Shankar, J. - Three vessels, which stand berthed off the coast of Kolkata, constitute the subject matter of controversy in this petition, preferred by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act"). They are the RV Katha Pandaw, RV Kalaw Pandaw and the RV Kindat Pandaw and would be referred to, in this judgement, as "Katha", "Kalaw" and "Kindat", respectively.

A Fasciculus

2. Admittedly, Katha is owned by Respondent 4 M/s Pandaw Cruises Ltd, Myanmar ("PCL Myanmar", hereinafter), whereas Kalaw and Kindat are owned by Respondent 5 M/s Indus Cruises Pte Ltd, Perth ("Indus Perth", hereinafter), and all the three vessels were leased to Respondent 1 M/s Indus River Cruises Pvt Ltd, New Delhi under Bareboat Charter Agreements executed between Respondent 1 and PCL Myanmar in respect of Katha and between Respondent 1 and Indus Perth in respect of Kalaw and Kindat. The petitioner is a stranger to the said Bareboat Charter Agreements.

3. Respondent 1 entered into a Vessel Operation and Management Agreement ("VOMA", in short), whereunder the petitioner was contracted for operating and managing the aforesaid three vessels. Admittedly

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