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1969 Supreme(Mad) 347

K.S.PALANISWAMY
Bortes S. A. by Agents, South India Corporation (Agencies) Private – Appellant
Versus
Astrouic Compania Naviors S. A. by Power of Attorney Agent Shaw Wallace – Respondent


Advocates:
K. G. Ramaswami Iyengar and K. R. Krishnaswami, for Applicants; King and Partridge, for Respondents.

Judgement

ORDER :- The defendants, a private limited Company, have taken out this application under Section 34 of the Arbitration Act, 1940, for stay of all proceedings in the suit. The suit is to recover Rs. 1,63,282-12 on the allegation that the said amount was payable in respect of the use of the plaintiff's vessel "S. S. Stavros", as per charterparty dated 17-5-1968 entered into between the plaintiffs and the defendants at New York, United States of America. Pending the suit, the plaintiffs applied in Application No. 1523 of 1968 for the issue of a temporary injunction restraining the defendants from removing their tanker from the Madras Harbour. Ismail, J., before whom that came up for orders, issued an interim injunction on 2-8-1968. The defendants took out Application No. 1564 of 1968 praying that the interim injunction may be vacated and that the bank guarantee of the First National City Bank, Madras, to the tune of Rs. 1,65,000/-, may be accepted. In view of the undertaking, the learned Judge vacated the interim injunction subject to the furnishing of the security. The defendants have taken out this application alleging inter alia that they had to apply to the Court for rai










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