IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/O.J.APPEAL NO. 7 of 2023 In R/PETN. UNDER ARBITRATION ACT NO. 19 of 2017 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/O.J.APPEAL NO. 7 of 2023 ================================================================

UNITED SHIPPERS LIMITED Versus VITOL S.A. & ANR.

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Appearance:

MR MANOJ KHATRI WITH MR JWALIT B SONEJI(7895) for the Appellant(s)

No. 1 MR SN SOPARKAR, SENIOR ADVOCATE WITH MR HARSH N PAREKH(6951) for the Opponent(s) No. 1 ================================================================

CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.

JUSTICE BIREN VAISHNAV and HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 18/02/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)

1. The present appeal is filed by the appellant against the judgment and order dated 07.10.2023 passed by the learned Single Judge in OJCA No. 1 of 2018 in R/PETN. under Arbitration Act No. 19 of 2017, whereby, the learned Single Judge has partly allowed the application and ordered to disburse an amount of Rs.17,34,632/- alongwith interest accrued thereon in favour of the appellant and the remaining amount of Rs.5,05,65,368/- alongwith interest accrued there on was ordered to be paid to the Judgment Creditor respondent No.1 herein.

2. The brief facts giving rise to the present appeal are as under :

2.1 That one Bhatia Group of Companies which includes Bhatia Global Trading Limited, Bhatia Industries and Infrastructure Ltd. and Asian Natural Resources (India) Ltd., had entered into a contract dated 18^th July, 2014. The said contract was entered into for a period of 8 months i.e from 1^st August, 2014 to 31^st March 2015 for handling their coal and carrying out other stevedoring activities at the port of Navlakhi. Pursuant thereto, vessel M.V. Iolcos Confidence and Liberty Prudencia arrived at Navlakhi Port, Gujarat on 21^st November 2014 and 29^th November, 2014 respectively and discharged and stored the said coal at the Appellant's premises at Navlakhi Port. Thereafter, pursuant to an order dated 18^th December 2014 passed by the Additional District Judge at Morbi, Gujarat an order was passed in terms of the precept issued by the Bombay High Court, where an injunction order was passed against the 40,600 M.T of cargo discharged from the vessel M.V. Lolcos Confidence and 21,889 M.T. of cargo discharged from the vessel M.V. LIBERTY PRUDENCIA.

2.2 It is the case of the appellant that Respondent No.1 i.e. Award Holder had applied for several extension of the precepts time and again from the Bombay High Court which were allowed. The said coal was lying at the premises allotted to the Appellant incurring huge costs and expenses towards maintenance and hence, the Appellant was constrained to file an intervention application before the Bombay High Court vide notice of motion seeking intervention in the execution application filed by Respondent No.1 and other necessary directions with respect to the coal lying at the Appellant's premises. That, vide an order dated 30^th July 2015, the Appellants were allowed to intervene in the proceedings however, there were no orders passed with respect to the custody or possession of the coal since there were appeals and other proceedings pending between Award Debtor, Bhatia Global and other Bhatia Companies. During the said period, the coal kept lying at the premises allotted to the Appellant under attachment order passed by the High Court. An application was made before Additional District Court, Morbi for sale/ shifting of the said coal as the Port Authorities started pressurizing the Appellant to shift the coal as it was causing pollution resulting in environmental damage inside the port area and a consent order dated 11^th May 2016 came to be passed by the Morbi Court for sale of the said coal discharged from the vessel M.V.

Liberty Prudencia.

2.3 Thereafter, the Appellant on numerous occasions had made various applicatio