HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
TELFORD MARINE DMCC – Appellant
Versus
BHAMBHANI SHIPPING LIMITED – Respondent
CARBP/727/2025
2026:BHC-OS:1624 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 727 OF 2025 TELFORD MARINE DMCC …..PETITIONER : VERSUS :
BHAMBHANI SHIPPING LIMITED and Another ….RESPONDENTS Mr. Prashant Pratap, Senior Advocate with Ms. Sneha Goud, Ms. Lavanya Chopra i/b Bose & Mitra & Co., for Petitioner Mr. Mayur Khandeparkar with Mr. Pratik Amin, Mr. Harsh Agarwal i/b Pratik Amin Associates, for Respondent No. 1 Mr. Cyrus Ardeshir, Senior Advocate with Mr. Sujit Lahoti, Mr. Mahesh Dube, Mr. Tejesvi Nakashi, Mr. Haaris Koradia i/b Sujit Lahoti &
Associates, for Respondent No. 2 CORAM : SANDEEP V. MARNE, J.
Digitally signed by NEETA JUDGMENT RESD. ON : 9 JANUARY 2026.
NEETA SHAILESH SHAILESHSAWANT SAWANT Date:
2026.01.21 JUDGMENT PRON. ON : 21 JANUARY 2026.
19:00:27 +0530 Judgment :
1) This is a post-foreign award Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking deposit of the awarded sum and for restraining the Respondent from selling, transferring, leasing, mortgaging or encumbering the vessel MV-
HALANI-6 for securing the award.
2) On 27 June 2022, a contract was entered into between the Petitioner and Respondent for Sub-Time Charter of the vessel NOR Goliath. The Petitioner had sub-chartered the Vessel to the Respondent. Clause 37(c) of the contract provided for reference of the disputes through arbitration in Singapore under Singapore International Arbitration Act and in accordance with Arbitration Rules of the Singapore Chamber of Maritime Arbitration. On 29 September 2022, an incident occurred where the gangway connecting the vessel to the Floating Production Storage and Offloading Platform (FPSO) commissioned at KG-D6 block, which is offshore gas block and oil field in the Bay of Bengal collided with FPSO causing severe damage rendering it inoperable. This led to claims and counterclaims between the parties as also with the head owners of the vessel. Disputes between the parties were referred to Arbitral Tribunal comprising of three arbitrators. On 31 October 2024, the first arbitral Award was published by the Tribunal rejecting various counterclaims of the Respondent. Second partial Award was made and published by the Tribunal on 25 June 2025 awarding in favour of the Petitioner various amounts aggregating to USD 11,079,802.58/- and contractual interest @ 12% p.a. aggregating to USD 3,335,009/- till the date of filing of the Petition. On 9 July 2025, Petitioner sent demand letter to Respondent No.1 calling it upon to pay the principal amount of the second partial award alongwith interest. This was followed by further demand letter dated 23 July 2025.
3) According to the Petitioner, Respondent No.1 was consistently making losses as per the financials available on the website and with the Registrar of Companies. According to the Petitioner, Respondent No.1 has only one asset which is the vessel MV HALANI-6 (IMO No. 9125906). Petitioner apprehended attempts on the part of Respondent No.1 to sell its only asset in the form of vessel-MV HALANI-6 and has accordingly filed the present Petition against only Respondent No. 1 on 30 July 2025 under Section 9 of the Arbitration Act seeking following prayers :-
a. for an order directing the Respondent to deposit a sum of USD 11,079,802.58 (United States Dollars Eleven Million Seventy-Nine Thousand Eight Hundred and Two and Cents Fifty-Eight or its equivalent in Indian Rupees) towards the unpaid principal amount under the Second Partial Final Award dated 25 June 2025 with the Learned Prothonotary & Senior Master of this Hon'ble Court, or to furnish such other security as this Hon'ble Court deems fit and proper, equivalent to the sum of USD 11,079,802.58;
b. for an order directing the Respondent to disclose the present location of the vessel HALANI 6 (IMO No.9125906) and its ownership status;
c. for an order and injunction restraining the Respondent from selling and/or transferring and / or
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