COMPANIA NAVIERA SODNOC Vs. BHARAT REFINERIES LTD

JUDGEMENT

(1.) THIS original petition has been filed under Sections 47 and 49 of the arbitration and Conciliation Act, 1996, hereinafter called 'the Act', praying that the award dated 2-3-2000 be deemed to be a decree of this Court and to pronounce judgment according to the award dated 2-3-2000, made and published by the 2nd respondent (the arbitrator) and direct the 1st respondent to pay to the petitioners a sum of USD 63,923. 98 as more particularly set out in paragraph 6 of this petition and that the respondents be ordered and decreed to pay the petitioners the costs of this petition.

(2.) BRIEFLY stated, the facts are as under :

(3.) BY a Charter Party, dated 24-8-1998, one Mutual Task Maritime Ltd. , chartered m. V. Sea Mana to the 1 st respondent herein to carry a cargo of minimum 8000 M. T. , bagged salt from Kandla, India to Tanga, tanzania on terms and conditions as set out in the Charter Party. The above said Mutual task Maritime Company claimed demurrage or damages for detention in the sum of US $ 43,483. 49 together with interest. 1st respondent denied that any more than US $ 1,169. 88 of the sum claimed was due, alleging that the balance of the claim for demurrage related to a period during which the Master wrongfully refused to commence discharge.