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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

FRIDAY, THE 15TH DAY OF FEBRUARY 2019

THE HON'BLE MR. JUSTICE R.SURESH KUMAR

A. No.1261 of 2019

In the matter of Sec 27

Arbitration and Conciliation

Act, 1996 and In the matter

of Arbitration of disputes

between M/s.Gimpex Pvt.Ltd

and M/s.Aanchal Cement Ltd

(Formerly

known

as

M/s.Kalika Cement Ltd) in

relation to 3 High Seas Sale

Agreements dated 17.04.12;

27.04.2012

&

27.04.2012

relating to 52163 MT; 20401

MTS & 31500 MTS.

M/s.Aanchal Cement Ltd.,

(Formerly known as Ms.Kalika Cement Ltd)

Rep.by its Managing Director

Mr.ManojGoel

No.23-A, N.S.Road, Suit -5,

7th Floor, Kolkatta 700 001.

...Applicant

-Versus-

M/s.Gimpex Pvt.Ltd.,

Rep.by its Authorised Signatory

Mr.BinodChoudhury

No.282, LinghiChetty Street

Chennai - 600 001.

...Respondent

Application praying that this Hon'ble Court be

pleased to direct the Registry to issue Summons/subpoena to

the following addresses:

1.The Principal Officer

Haldia Port, Dock Complex,

Medinipur,Haldia

West Bengal - 721 635.

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2.The Principal Officer

Paradip Port,

Jagat Singhpur District

Paradeep, Orissa - 754 142.

and fix a date to produce the files containing HSS

Agreements relating to import and clearance in the name of

Kalika Cements Limited, of Portland Cement Clinker from

Vietnam:

I. Unloaded from the Vessel MV LINDOS from 22.04.2012

in Paradip Port.

II. Unloaded from the Vessel MV SIMGE AKSOY from

03.05.2012 in Paradip Port.

III. Unloaded from the Vessel MV LINDOS from

30.04.2012 in Haldia Port.

IV. Unloaded from the Vessel MV SIMGE AKSOY from

10.05.2012 in Haldia Port.

before the Arbitration Tribunal, the Hon'ble Mr.Justice

K.Govindarajan, Sole Arbitrator, New No.8, Old No.5,

Justice Ramanujam Road, Malaviya Avenue, Shastri Nagar,

Chennai - 600 041.

This Application coming on this day before this court

for hearing the court made the following order:

This application has been filed with the

following prayer:

“To direct the Registry to issue

summons/subpoena to the following addresses THE PRINCIPAL

OFFICER, HALDIA PORT, DOCK COMPLEX, MEDINIPUR, HALDIA WEST

BENGAL 721 635 AND THE PRINCIPAL OFFICER, PARADIP PORT,

JAGAT SINGHPUT DISTRICT, PARADEEP ORISSA 754 142.”

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2. Heard Mr.K.Ravi, learned counsel appearing for

the applicant and Mr.A.Abdul Hameed for AAV Parners, the

learned counsel appearing for the respondent.

3. In this matter before the learned Arbitral

Tribunal consisting sole arbitrator, an order was sought

for by the applicant permitting him to approach this Court,

by way of this application to issue summons to the two

officials mentioned in the prayer to produce the document

called HSS agreement [ICC Sale Agreement] with three dates.

4. Pursuant to the said request made by the

applicant's side, who is the respondent before the

Arbitrator, the learned Arbitral Tribunal passed an order

on 14.01.2019 permitting the applicant to approach this

Court, seeking for appropriate directions, that is why, the

present application has been filed.

5. The learned counsel for the applicant would

submit that, if these documents i.e., the HSC agreements

relates to the shipment and unloading of the goods from the

two ports namely, Haldia Port, Haldia, West Bengal and

Paradi Port, Orissa are produced before the Tribunal, the

issue raised before the Arbitrator can be smoothly

resolved. In this regard, the learned counsel appearing

for the applicant drew the attention of this Court on the

reasoning given by the learned Arbitrator in giving the

permission by order dated 14.01.2019 where, the learned

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Arbitrator has stated that, the Tribu