CARAVEL SHIPPING SERVICES PVT LTD Vs. PREMIER SEA FOODS EXIM PVT LTD

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals arise out of a document styled as "Multimodal Transport Document/Bill of Lading" dated 25.10.2008. This Bill of Lading 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:

(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. being I.A. No. 486 of 2009 was filed by the appellant under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") in which it was pointed out to the Court that an arbitration clause was included in the printed terms annexed to the Bill of Lading. The I.A. also pointed out that a Section 11 petition to appoint an Arbitrator in accordance with Clause 25, being the printed term in question, has also been filed in Chennai. The Sub-Court, Kochi, by its judgment dated 08.01.2013 dismissed the I.A., stating that printed conditions annexed to the Bill of Lading would not be binding upon the parties, and also that as no part of the cause of action arose in Chennai, the I.A. would have to be dismissed.