The vs Unknown
2021 Latest Caselaw 4856 AP

              HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                     MAIN CASE No.ICOMAOA.No.12 of 2021


                                     PROCEEDING SHEET

Sl.No     DATE                                                                  Office
                                             ORDER

Note 26.11.2021 RRR, J

I.A.No.1 of 2021

The petitioner states that the petitioner has obtained a final award against the respondent in the present case and against other parties in the arbitration. The petitioner states that under the said award dated 05.11.2012 which has been confirmed by the High court of Queen's Bench Division Commercial Court, London dated 24.06.2014, the petitioner is entitled to a sum of 862935 USD with interest.

The petitioner states that the respondent herein presently loading 8500 metric tons of rice on to the vessel, M.V. Louis Pappas at Kakinada Port and unless 3500 metric tons out of the said cargo is attached, the petitioner would not be able to recover its dues payable under the above award and judgment. The petitioner also submits that upon the said cargo being loaded, the vessel would be sailing from Kakinada Port and the petitioner would not be able to recover any of its dues unless the said cargo is attached.

In view of the award and judgment placed before this Court, there is a prima facie case in favour of the petitioner that the petitioner is entitled to recover the amounts set out in the said award and judgment.

The petitioner has also produced a document showing the possession of packed rice which is being loaded at Kakinada Port as on 17.11.2021. The said

list shows that the vessel M.V. Louis Pappas is to arrive at Kakinada Port on 22.11.2021 and leave after loading 8500 metric tons of rice. This statement also shows that the shipper, who is sending the 8500 tons of rice, is the respondent herein.

In the circumstances, there shall be an order of attachment whereby 3500 metric tons of rice belonging to the respondent M/s. Rika Global Impex Ltd., shall be attached till further orders of this Court.

Post on 08.12.2021.

_________ RRR, J Js.