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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Ravi Nath Tilhari, Sri Maheswara Rao, JJ
ZION SHIPPING LTD. – Appellant
Versus
SARALA FOODS PVT LTD – Respondent
| Table of Content |
|---|
| 1. appeal filed under section 37 of the act. (Para 1 , 2) |
| 2. background details of appellant and contract. (Para 6 , 9) |
| 3. issues raised regarding prima facie case. (Para 13 , 27) |
| 4. arguments on balance of convenience. (Para 16 , 20) |
| 5. scope of appellate powers under section 37. (Para 28 , 39) |
| 6. claims for unliquidated damages not enforceable. (Para 49 , 60) |
| 7. conclusion of the court on the appeal. (Para 62 , 63) |
JUDGMENT
The present appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 , by the appellant Zion Shipping Ltd., being aggrieved by the Order dated 13.10.2025 passed by the learned Single Judge of this Court in ICOMAOA No.5 of 2024.
2. The backdrop of the case is that initially, the appellant Company, by invoking Section 9 of the Arbitration & Conciliation Act (in short ‘Act’), filed ICOMAOA No.5 of 2024, before the learned Single Judge, seeking the following main relief:-
“…..pleased to a Ex parte order maintenance of the status quo attachment preservation interim custody or sale of 1600 MT of rice loaded/ being loaded on to the vessel MV BULK MANARA at the anchorage of 4th Respondents port pending the issuance of arbitration award
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