Court : Mumbai
Decided on : Jul-12-2010
1. This it the defendant's Notice of Motion to have an order of arrest dated 9th December, 2010, of the defendant-vessel, vacated and for an order directing the plaintiffs to pay damages towards losses suffered due to the wrongful arrest. I have not considered the claim for damages. The defendant is at liberty to raise the claim at the appropriate stage by a separate application.2. The suit was filed essentially for security in respect of the plaintiff's claim pending an arbitration between itself and Tongli Samoa Shipping Company Limited, Samoa (hereinafter referred to as "Tongli Samoa") and Tongli Shipping Company Limited, China (hereinafter referred to as "Tongli China"). The plaintiff has also sought a decree in the sum of US $56.06 million, which was enhanced by an amendment to US $72.59 million together with interest at 12% per annum. The decree, however, was sought without prejudice to the arbitration. This is clear from paragraph 73 of the plaint where it is clarified that the ...
Tag this Judgment!Court : Delhi
Decided on : Aug-10-2010
1. Whether reporters of local papers may be allowed to see the Judgment? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in the Digest? Yes1. "A mans greed is like a snake that wants to swallow an elephant". - a Chinsese proverb which completely sums up the case in hand. The petitioner, who was awarded a contract for the construction and operation of a project involving a major bridge over the Pingalai river with approaches covering a total stretch of 2.2 km, claims that the Concession Agreement entered into by him in 2004 tantamounts to his having a preferential right of first refusal for award of the contract relating to the project for the four laning of a 66.73 Kms stretch of National Highway-6, being its Talegaon-Amravati KM 100 to KM 166.725 section, in the State of Maharashtra, without participation in the bidding process and completely unmindful of the public interest involved in the matter.2. The record of the present case discloses, ...
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