019 (5 )ALD27 , 2018 (6 )ARBLR210 (SC ), 2019 (1 ) CHN (SC ) 91 , 2019 (4 )MhLj518 , 2019 (1 )RCR(Civil)77 , 2018 (15 )SCALE25 , (2019 )11 SCC620 , 2019 (4 ) SCJ 391 , ,MANU/SC/1301/2018A.M. Khanwilkar#L. Nageswara Rao#23SC3020Judgment/OrderAIR#ALD#ArbLR#CHN#MANU#MhLJ#RCR (Civil)#SCALE#SCC#SCJShipping#ShippingSUPREME COURT OF INDIA2018-11-221149,334,1148,1146 -->

MANU/SC/1301/2018

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4834 of 2007

Decided On: 14.11.2018

Appellants: P.E.C. Limited
Vs.
Respondent: Austbulk Shipping SDN BHD

Hon'ble Judges/Coram:
A.M. Khanwilkar and L. Nageswara Rao

JUDGMENT

1. The judgment of the High Court of Delhi directing enforcement and execution of a foreign award dated 30.05.2001 is challenged in this appeal. The Appellant chartered MV "Rubin Halycon" from the Respondent for transportation of a minimum quantity of 16,500 MT upto a maximum of 17,000 MT of chickpeas in bulk from Geraldton Port, Australia to Jawahar Lal Nehru Port, India (JNPT). The Charter Party dated 20.04.2000 provided, inter alia, the following:

Box 8

Discharge Port(s) or Place (s)

ISP/1-2 SB JNPT See Clause 3 shifting time to control for 2nd berth as lay time at discharge port or time on demurrage.

Box 14

Laytime

Nonreversible load/discharge 3,000 mt. PWWD. Sat noon/SHEX EIU/2000 mt PWWD Sat Noon SHEX EIU time from noon on Sat or a day preceding legal holiday till 0800 hrs on Mon or next working day not to count.

Box 19

Demurrage and Despatch Rate of Load (Clause 16)

USD 4,000 PD PR/half dispatch

Box 23

Demurrage and Despatch Rate at Discharge (Clause 27)

USD 5,000 PD PR/half dispatch

Box 24

Cargo Discharge Rate-Metric Tonnes per weather Working Day of 24 Consecutive Hours (Clause 25)

Sat noon SHEX EIU, Time from noon on Sat or a day preceding a legal holiday till 0800 hrs on Mon or next wkg day not to count.

Clause 24

Time for Discharging

Time for discharging shall commence twenty-four hours after notice of readiness has been received by written/telegraphic or telefax notice during ordinary office hour as per the usual custom of the port, whether in berth or not at the first or sole port of discharge provided vessel within port limits and ready in all respects for discharging her cargo....)

Clause 25

Discharging Rate

Cargo is to be, discharged free of expense to the Respondent at the average rate set out in Box 24.

2. In accordance with the terms and conditions of the Charter Party, the lay time commenced at 0900 hours on 03.05.2000. The load rate of 3,000 MT per day was valid in accordance with the Charter Party and the lay time allowed for loading equated to 5.5 days. The loading of the Cargo commenced at Geraldton Port, Australia at 10.10 hrs on 01.05.2000 and was completed on 12.40 hrs on 02.05.2000. The Vessel arrived at JNPT at 0305 hrs on 15.05.2000 at which time the master tendered the notice of readiness. A request was made by the Appellant to take the vessel to a nearby port i.e. Mumbai. The request made by the Appellant was acceded to by the Respondent and the vessel was taken to the Mumbai port. The time allowed ........