Trafigura Beheer B.V. Vs. Rashmi Cement Ltd. - Court Judgment

Excerpt:
the court: leave under clause 12 of the letters patent subject to the question of its requirement. this is a section 9 application. it is founded on an agreement dated june 24, 2010 amended on august 24, 2010, between the parties and containing an arbitration clause. the agreement was for international sale of iron fines by the respondent to the petitioner, from india. breach of that agreement is complained of. it is submitted that 40000 mts of such iron fines which are the subject matter of this agreement are attempted to be exported by the respondent to some other parties outside india. it is further submitted that these goods are not readily available and have special value. more so, for the reason that the petitioner is importing these goods to fulfill its contractual obligations with other international parties. if these goods are exported out of india the petitioner will not readily get them to fulfill its said other obligations. hence, an order is sought to restrain the respondent from exporting the iron ore fines which are lying in the ports of paradeep and gangavaram. this application is moved ex parte on the ground that if notice of this application was received by the respondent they would immediately ship these goods out of the reach of the court. it is submitted that they are proposing to export these goods over the weekend. accordingly, i pass an order of injunction restraining the respondent and their agent rashmi metallicks ltd. from exporting the consignment of iron ore fines lying at gangavaram port till october 5, 2010. t is submitted that the quantity at the gangavaram port will meet the contractual quantity. list this application as a new motion at the top on october 5, 2010. all parties including the statutory authorities will act on the basis of the communication of the advocate on record for the petitioner in case of delay in issuance of the signed copy of this order. all parties concerned are to act on a signed photocopy of this order on the usual undertakings.

Judgment:
The Court: Leave under Clause 12 of the letters patent subject to the question of its requirement. This is a section 9 application. It is founded on an agreement dated June 24, 2010 amended on August 24, 2010, between the parties and containing an arbitration clause. The agreement was for international sale of iron fines by the respondent to the petitioner, from India.

Breach of that agreement is complained of. It is submitted that 40000 MTs of such iron fines which are the subject matter of this agreement are attempted to be exported by the respondent to some other parties outside India. It is further submitted that these goods are not readily available and have special value. More so, for the reason that the petitioner is importing these goods to fulfill its contractual obligations with other international parties. if these goods are exported out of India the petitioner will not readily get them to fulfill its said other obligations.

Hence, an order is sought to restrain the respondent from exporting the iron ore fines which are lying in the ports of Paradeep and Gangavaram. This application is moved ex parte on the ground that if notice of this application was received by the respondent they would immediately ship these goods out of the reach of the court. it is submitted that they are proposing to export these goods over the weekend. Accordingly, I pass an order of injunction restraining the respondent and their agent Rashmi Metallicks Ltd. from exporting the consignment of iron ore fines lying at Gangavaram port till October 5, 2010.

t is submitted that the quantity at the Gangavaram port will meet the contractual quantity. List this application as a new motion at the top on October 5, 2010. All parties including the statutory authorities will act on the basis of the communication of the advocate on record for the petitioner in case of delay in issuance of the signed copy of this order.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.