2018 (10) TMI 1883

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng states that the Consignor/Shipper is one M/s. Premier Seafoods Exim Private Limited of Kerala, and that Caravel Shipping Services Private Limited, who is the Appellant before us, is the agent who facilitates transport. The very opening Clause of the Bill of Lading specifies: In accepting this Bill of Lading the Merchant expressly agrees to be bound by all the terms, conditions, clauses and exceptions on both sides of the Bill of Lading whether typed, printed or otherwise. 3. The Respondent filed a Suit being O.S. No. 9 of 2009 before the Sub-Judge's Court in Kochi to recover a sum of Rs. 26,53,593/- in which the Bill of Lading was expressly stated to be a part of cause of action. Soon after the Suit was filed, an I.A. bei....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Bill of Lading and both parties were stated to be bound by the same. This being so, in accordance with Section 7(5) of the Arbitration Act read with this Court's judgment in M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited, (2009) 7 SCC 696 would make it clear that there was a reference in the contract to the arbitration clause, and since it is in writing and the reference is such that the arbitration Clause formed part of the contract, according to her, both the courts were in error. She also pointed out to us that, in the meanwhile, the Madras High Court, by order dated 09.01.2015, has referred to the Kerala proceeding, but nonetheless applied the arbitration Clause and appointed a Senior Advocate to ar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rdance with the Arbitration & Conciliation Act, 1996. The No. of Arbitrators shall be three, the Arbitrators shall be commercial persons the venue for arbitration shall be Chennai. 8. A perusal of the same shows that the Respondent has expressly agreed to be bound by the arbitration Clause despite the fact that it is a printed condition annexed to the Bill of Lading. Secondly, it must be remembered that the Respondent has itself relied upon the Bill of Lading as part of its cause of action to recover the sum of Rs. 26,53,593/- in the suit filed by it. The Respondent, therefore, cannot blow hot and 23-02-2021 (Page 2 of 3) www.manupatra.com Surender Gupta cold and argue that for the purpose of its suit, it will rely upon the Bill of Ladin....