ASIAN NATURAL RESOURCES Vs. VITOL S A

JUDGEMENT

(1.) THIS Chamber Summons is taken out for payment of various varied charges claimed from the award holder by the award debtor pursuant to order passed by this Court in respect of the attachment levied on the cargo which was imported by the applicant into the Bombay port on 27th October, 2014.

(2.) THE cargo was sought to be attached by the award holder. It belonged to the award debtor. However, the attachment was upon the specific condition that the cargo which would have to be stored in the Mumbai Port Premises would be stored at the cost of the award holder. No other costs were to be incurred by award holder.

(3.) THE order dated 27th October, 2014 has been passed to protect the cargo which would be attached in execution. It is also to facilitate the discharge of the cargo so that needless charges for not allowing the discharge are not incurred. Since the award holder applied for adinterim relief of injunction, which came to be granted, it was directed to pay storage charges after the discharge. Both the award holder and the award debtor were represented on that date though the award debtor was not served a copy of Chamber Summons. All the parties and all authorities were directed to act upon the copy of the order uploaded on the Internet. It would be material to set out the relevant part of the order to understand the directions and the ambit of the order. The relevant part in paragraphs 3 and 4 are run thus :