- (1.) BACKDROP : Haldia Dock Complex entrusted ABG Haldia Bulk Terminals Pvt. Ltd. (hereinafter referred to as 'HBTPL) to install, maintain and operate loading-unloading system at berth Nos. 2 and 8. Disputes and differences arose as to the quantum of work that HBTPL was assured, but not given. HBTPL complained, they were assured a minimum amount of work that they were not getting. When Haldia Dock Complex run by Board of Trustees for the Port of Kolkata (hereinafter referred to as 'KOPT') assured co-operation after a joint meeting, other operators created problem for them by instigating the workers making a situation totally unmanageable for HBTPL. They were compelled to terminate the contract more particularly complaining of the law and order problem. KOPT disputed such contention. According to them, they extended all co-operation to make the situation congenial for HBTPL to perform their job. They also assured to allot more work to berth Nos. 2 and 8. The law and order problem that would arise outside the Dock complex, was not within their control that HBTPL should have taken up with the local administration. They blamed HBTPL for wrongfully terminating the contract. We do not wish to deliberate any further on the issue as the dispute was already referred to Arbitral Tribunal. The present controversy would arise on the post termination situation. As per the contract HBTPL was supposed to remove all the equipment and/or materials whatever belonging to them so that KOPT could make alternative arrangement for running of the said two berths. HBTPL also wanted to remove their equipment however KOPT was claiming 'lien' over the equipment in view of damage being suffered for such wrongful termination.
(2.) LITIGATION : KOPT made an application under Section 9 of the Arbitration and Conciliation Act (hereinafter referred to as the said Act of 1996) being A.P. No. 699 of 2012 inter alia praying for injunction restraining HBTPL from acting in breach of any of the negative covenants as also injunction restraining them from removing the plant, machineries and materials etc. from the berth Nos. 2 and 8 and from other reliefs. The parties settled their dispute. KOPT took steps to extend assistance to them. The dispute again arose principally on the issue of retrenchment of 275 workmen that ultimately resulted in termination of the agreement.
(3.) The learned Single Judge appointed Joint Special Officers for removing the equipment from the Dock complex. KOPT filed an appeal. We asked the Joint Special Officers to complete the removal within a certain period. Considering the volume of work, we appointed a 3rd Special Officer to assist the Joint Special Officers.;