JAI BHARAT STEEL COMPANY Vs. MOUNTAIN SHIPPING LTD.

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 14 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 for following reliefs:

(2.) By the impugned judgment, the Single Judge has disposed of the Admiralty Suit by relegating the parties to the remedy of Arbitration while keeping all the contentions open and further directed that the amount of Rs.25,00,000.00 deposited by the respondent No.2(defendant No.2) to be paid back to respondent No.2 with accrued interest.

(3.) The challenge is mainly on contentions that (1) the defendant No.2 was not party to the Arbitration Agreement as the Arbitration Agreement is exclusively between the appellant and respondent No.1 only, (2) that the respondent No.2 does not fall in definition of a person claiming through respondent No.1 as is required under Sec. 45 of Arbitration Act, (3) that the respondent no.2 has not even asserted for reference to the arbitration as issue No.5 decided by impugned judgment does not contemplate reference to arbitration as same issue was already decided, (4) having treated as an issue under Order 14 Rule 2 as an preliminary issue it was a mixed question of law and fact which required a trial, (5) lastly the impugned judgment is completely against the decision of the Apex Court in case of Cox and Kings Limited v/s. SAP India Private Limited and Another, reported in 2024 (4) SCC 1 (2023 INSC 1051).