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2009 Supreme(Ori) 426

R.N.BISWAL
Presidency Exports and Industries – Appellant
Versus
E. Shipping – Respondent


Advocates:
For Appellant:M/s. N. R. Rout, Pami Rath, P. Pradhan and S. K. Pradhan
For Respondents:M/s. D. N. Mohapatra, M. Mohapa¬tra, G. R. Mohapatra and S. P. Nath (for Respondent No.2)
M/s. S. M. Pattnaik, D. Mohanty, R. R. Sahoo, S. Mohanty and S. K. Nanda (for Respondent No.1)

JUDGMENT

R.N. BISWAL, J. — In this appeal, the appellant challenged the order dated 11.11.2009 passed by the District Judge-in-Charge, Cuttack in ARBP No.207 of 2009, wherein he ordered that status quo in respect of the cargo as on the date of the order, be maintained by both the parties till appearance of the opp.par¬ties.

2. Opp.party No.1 herein was the petitioner, appellant was the opp.party No.2, respondent No.2 was the opp.party No.1 and respondent No.3 was the opp.party No.3 in the Court below. The petitioner is a private limited company registered in Singa¬pore and is engaged in the business in shipping, ship chartering and ship brokering. It filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 1996 Act) giving rise to the aforesaid case before the Dis¬trict Judge, Cuttack with prayer to injunct the opposite parties from removing 17,532 M.T. of iron ore fines stored at site “site for N/S. I.O.C.L. Outlet” a specified location at Paradip Port in order to secure its dues and claims against opp.party No.1.

3. As per the case of the petitioner in November, 2007, through its parent company, M/s. Acemark Ventures INC, it Char¬






































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