Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd

摘要

Disputes arose following an agreement for the sale of Ukrainian sunflower seed oil by the claimant (Orexim) to a buyer (Atlantis), pursuant to which Orexim chartered the vessel Bon Vent from the first defendant (MPT). Atlantis sub-sold the goods to another company (Global), who sub-sold to another company (Zarrin). Orexim was not fully paid for the goods, and MPT complained that Orexim was late in paying freight and load port demurrage. MPT brought a claim against Orexim in the Bombay High Court for unpaid freight and demurrage and obtained an order permitting it to discharge the sunflower oil into tanks together with a lien over the goods for the sums due, and it appointed an arbitrator on its claim.