M/S.X-Press Container Lines (Uk) Ltd vs The Board Of Trustees Of The Port Of … on 13 March, 2026

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    Madras High Court

    M/S.X-Press Container Lines (Uk) Ltd vs The Board Of Trustees Of The Port Of … on 13 March, 2026

    Author: C.V.Karthikeyan

    Bench: C.V. Karthikeyan

        2026:MHC:1055
                                                                     1/44                            OSA(CAD) No. 39 of 2021
    
    
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                 RESERVED ON                     : 02.02.2026
    
                                                 PRONOUNCED ON :                       13.03.2026
    
                                                                CORAM
    
                                THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN
                                                   AND
                                THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
                                                   OSA(CAD) No. 39 of 2021
                                                           and
                                                    CMP No.11337 of 2021
    
                    M/s.X-Press Container Lines (UK) Ltd
                    Represented by its Power of Attorney
                    R.Subramaniam, S.P.Centre ‘B’ Wing,
                    41/44 Minoo Desai Marg,
                    (Behind Radio Club), Colaba,
                    Mumbai 400001.
                                                                                              Appellant(s)
                                                                     Vs
    
                    The Board of Trustees of the Port of Chennai
                    Rajaji Salai,
                    Chennai 600001.
                                                                                              Respondent(s)
    
                    PRAYER: Appeal filed under Section 13 (1) of Commercial Courts Act read
                    with Order XXXVI Rule 1 of the OS Rules to set aside the order passed by the
                    learned Judge dated 17.09.2020 in OP No.511 of 2009, allow the present appeal
                    and consequently pass any such or further orders.
    
                                      For Appellant(s):       Mr.J.Sivanandharaaj, Senior Counsel
                                                              For Mr.V.Sankara Narayanan
                                      For Respondent(s):      Mr. Niranjan Rajagopalan
    
    
    
    
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                                                          JUDGMENT
    

    (Judgment of the Court was made by C.V.Karthikeyan, J.)

    The first respondent in O.P.No.511 of 2009 aggrieved by the order dated

    SPONSORED

    17.09.2020 allowing the said Original Petition has filed the present appeal.

    2.O.P.No.511 of 2009 had been filed challenging the Award dated

    17.01.2009 by the Arbitral Tribunal, by which Award, the Tribunal had granted

    a sum of Rs.1,21,91,869/- to be refunded to the claimant/appellant herein

    together with interest. The learned Single Judge vide his order dated 17.09.2020

    had set aside the said Award necessitating the claimant before the Arbitral

    Tribunal to file the present appeal.

    3.The appellant M/s.X-Press Container Line (UK) Ltd., had entered into

    Berth Reservation Agreement on 18.01.1995 with the respondent, the Board of

    Trustees of the Port of Chennai for a period of two years till 24.09.1997 to use

    the Berth at the West Quay with back up area and the container handling

    equipment for the use of handling of containers carried by the vessels of the

    appellant and also including discharge and loading of containers.

    4.The respondent Port of Chennai forwarded a communication to the

    appellant on 28.02.1997 complaining that the appellant had breached the terms

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    of the agreement and that a sum of Rs.62,48,950.32 was due for payment under

    the Berth Reservation Scheme and further that an advance payment for the

    second year of operation including Berth Hire Charges, Berth Reservation

    Charges, Annual Maintenance and Annual Licence Fee to a total sum of

    Rs.1,00,13,000/- had not been paid, again in breach of the Berth Reservation

    Agreement. It was held out that if the aforementioned amounts were not paid,

    the respondent would issue a formal notice of termination of agreement. The

    appellant by its correspondence on 08.03.1997 had refuted the claims. However,

    the respondent issued a notice of termination on 16.03.1997. The respondent

    also called upon the appellant to pay a further sum of Rs. 62,48,950.32 towards

    Penal Levy for Shortfall. A further letter was addressed by the respondent on

    22.04.1997, again demanding payment of the said sum. The appellant by letter

    dated 25.04.1997 had accepted the calculation of Berth Hire Charges and Berth

    Reservation Charges, but however, disputed the calculation of Penal Levy for

    Shortfall in throughput.

    5.In view of the dispute that had arisen, the appellant sought appointment

    of an Arbitrator to examine and adjudicate the dispute. The appellant also

    denied the claim for a sum of Rs.1,00,13,000/- and further claimed that Penal

    Levy on Shortfall was wrongly calculated at Rs.540/- by the respondent. The

    appellant also nominated its Arbitrator and called upon the respondent to

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    nominate their Arbitrator. Thereafter, correspondences were exchanged between

    the parties with each other reiterating their respective claims.

    6.The appellant then filed OP No.292 of 2001 under Section 11 of the

    Arbitration and Conciliation Act, 1996 seeking appointment of a second

    Arbitrator. By order dated 28.09.2004, an Arbitrator was appointed by the

    Court.

    7.This order was challenged by the respondent by filing W.P.No.7692 of

    2005. Stay of the arbitration proceedings was granted. The appellant filed

    W.A.No.1459 of 2005 and a direction was issued by the Court for the arbitration

    proceedings to continue and that the issue of limitation or any other issue can be

    raised before the Arbitral Tribunal.

    8.The appellant filed its claim statement before the Arbitral Tribunal. The

    respondent filed a counter claim and also filed a petition under Section 43 of the

    Arbitration and Conciliation Act, 1996 and yet another petition under Section 16

    of the said Act contending in both petitions that the claim was barred by the law

    of limitation and that the Tribunal does not have jurisdiction to entertain the

    claim.

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    9.The Tribunal however dismissed both the applications. The respondent

    then filed CMA No.134 of 2007 challenging the orders of the Tribunal. Stay

    was granted by this Court.

    10.The appellant then filed SLP (Civil) No.5660 of 2007. The Hon’ble

    Supreme Court had dismissed the above SLP, but directed that the arbitration

    proceedings should continue and that the Award should also be pronounced, but

    should not be executed till CMA No.134 of 2007 had been disposed of.

    11.CMA No.134 of 2007 was disposed of on 09.10.2007 holding that the

    appeal was not maintainable and granting liberty to raise all issues when a

    petition is filed under Section 34 of the Act.

    12.The Arbitral Tribunal passed an Award on 17.01.2009 granting the

    claim in favour of the appellant herein. Challenging that Award, the respondent

    had filed OP No.511 of 2009 under Section 34 of the Act. A learned Single

    Judge of this Court, by order dated 17.09.2020, allowed the Original Petition

    and set aside the Award. The learned Single Judge had refused to exempt the

    period of negotiation between 27.08.1999 and 13.07.2000 from the period of

    limitation and had held that the claim before the Arbitral Tribunal was barred by

    the law of limitation. The learned Judge had also refused to hold that the

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    respondent herein had admitted to refund the payment levy collected from the

    appellant and had also communicated that settlement of the same would be

    made. The learned Single Judge had also observed that the Award suffered from

    patent illegally. It was also observed that the computation of quantum by the

    Arbitral Tribunal was not in accordance with the terms of the contract and that

    the findings by the Tribunal with respect to the Berth Hire Charges were based

    on no evidence. Holding as above, the Award was set aside. Challenging those

    reasonings given by the learned Single Judge, the present appeal had been filed.

    13.Heard arguments advanced by Mr.J.Sivanandharaaj, learned Senior

    Counsel for the appellant and Mr. Niranjan Rajagopalan, learned counsel for the

    respondent.

    14.Mr.J.Sivanandharaaj learned Senior Counsel after taking this Court

    through the facts of the case pointed out the correspondences between the

    parties, wherein, initially there was refusal to appoint an Arbitrator by the

    respondent which forced the appellant to file an Original Petition under Section

    11 of the Act seeking appointment of an Arbitrator. A former Judge of this

    Court was appointed as an Arbitrator.

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    15.The learned Senior Counsel pointed out that at the time when such an

    order was passed, it was considered to be an administrative order. The

    respondent herein therefore filed a writ petition challenging the said order. A

    Writ Appeal was also filed and an Arbitral Tribunal was constituted.

    16.The appellant then filed a claim statement before the Tribunal. The

    respondent also filed a counter claim and also presented petitions under

    Sections 43 and 16 of the Act, raising issues of jurisdiction and limitation. The

    Tribunal held in favour of the appellant. The respondent filed a Civil

    Miscellaneous Appeal before this Court. Stay was granted. The appellant

    challenged the grant of stay before the Hon’ble Supreme Court, wherein, the

    Tribunal was directed to proceed further. It was however held that enforcement

    should be kept in abeyance till the disposal of the Civil Miscellaneous Appeal.

    Finally, the Civil Miscellaneous Appeal was dismissed as not maintainable.

    17.The learned Senior Counsel pointed out that the Arbitral Tribunal had

    then proceeded to adjudicate the claim and had granted an Award in favour of

    the appellant. The learned Senior Counsel stated that there was no delay either

    in issuing notice under Section 21 of the Act or in proceeding further with

    arbitration. The learned Senior Counsel argued that the delay if any was only on

    the part of the respondent who protracted and challenged every order including

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    the appointment of an Arbitrator though the agreement between the parties

    provided for settlement of disputes through arbitration. The learned Senior

    Counsel assailed the order of the learned Single Judge who had held that the

    proceedings were barred by the law of limitation and further held that the Award

    suffered from patent illegality.

    18.The learned Senior Counsel pointed out that the learned Single Judge

    had unfortunately misdirected himself in holding that the judgment relied on in

    S.B.P. & Company Vs. Patel Engineering Limited and another reported in

    (2005) 8 SCC 618 would operate retrospectively. The learned Senior Counsel

    pointed out that the dictum laid down in the aforementioned judgment was that

    an order under Section 11 of the Arbitration and Conciliation Act was in

    exercise of judicial power and not an exercise of administrative power. The

    learned Senior Counsel further stated that though the respondent had candidly

    admitted to the claim of the appellant, the learned Single Judge had still rejected

    the contention that such admission was binding on the respondent nor gave rise

    to the claim being adjudicated against the respondent.

    19.The learned Senior Counsel further argued that the Limitation Act

    would not apply since the order passed under Section 11 of the Act should be

    held to be an administrative order and there cannot be any limitation placed in

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    challenging any administrative order. The learned Senior Counsel further

    pointed out Section 18 of the Limitation Act, 1963 and more particularly,

    Explanation (a), which speaks about the effect of acknowledgment to a person

    other than the person entitled to the property or right. In this connection, the

    learned Senior Counsel pointed out that the respondent in their minutes in a

    meeting had acknowledged their liability to the claim of the appellant and such

    meeting was attended by a representative of the Association to which the

    appellant belongs. The learned Senior Counsel further pointed out that during

    the course of discussion between the parties, limitation should freeze. He

    expressed grievance that the learned Single Judge had not considered this

    aspect. The learned Senior Counsel therefore urged that this Court should set

    aside the order and allow the appeal and restore the Award of the Arbitral

    Tribunal.

    20.Mr.Niranjan Rajagopalan, learned Counsel for the respondent claimed

    that the proceedings before the Arbitral Tribunal suffered owing to being barred

    by law of limitation. The learned counsel stated that recording of the minutes

    relied on by the appellant should be discarded by this Court as had been done by

    the learned Single Judge since it was a discussion between two members of the

    respondent which can never be interpreted as an acknowledgment of debt. The

    learned counsel pointed out that even if it should be taken as an

    acknowledgment, it had not been independently communicated by the

    respondent to the appellant and therefore, could never bind the respondent. The

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    learned counsel further pointed out that no evidence had been adduced with

    reference to the Hire Charges collected from third parties/Port users and grant of

    Award on that basis should be set aside and had been correctly set aside by the

    learned Single Judge. The learned counsel stated that the order of the learned

    Single Judge requires no interference and urged that the appeal should be

    dismissed.

    21.We have carefully considered the arguments advanced and perused the

    material records.

    22.This appeal had been filed under Section 37 of the Arbitration and

    Conciliation Act, 1996. Section 37(1)(c) provides that an appeal could be filed

    against an order setting aside an arbitral award under Section 34 of the Act.

    23.The grounds to set aside the Arbitral Award as provided under Section

    34 are extremely narrow. The learned Single Judge had set aside the award on

    the ground that it suffered from patent illegal. It was also held that the claim

    was barred by the law of limitation. This would require examination of the

    terms of the agreement entered into between the appellant and the respondent

    and more importantly, the correspondences exchanged between them to

    determine whether there was an acknowledgment of liability by the respondent

    and whether such acknowledgment would bind the respondent and whether

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    there were periods of negotiations and whether the period of negotiations could

    be adjudicated as a period when the limitation stood freezed.

    24.The appellant M/s.X-Press Container Line (UK) Ltd had entered into a

    Berth Reservation Agreement on 18.01.1995 with the respondent, the Board of

    Trustees of the Port of Chennai for Reservation of 200 metres of Berth for a two

    year tenure ending on 24.09.1997. The appellant had necessity to use the Berth

    for the purpose of berthing its vessels and discharging and loading of its goods

    and to handle containers. It had been further provided in the agreement that if

    the whole or any part of the conditions had been violated, the agreement could

    be terminated by either party upon written notice of 30 days. The appellant was

    also liable to pay Berth Hire Charges, Berth Reservation Charges, Maintenance

    Charges and License Fee apart from payments towards electricity, watersupply

    and for other amenities as provided or arranged by the respondent. The

    agreement also provided referring disputes before two Arbitrators, one to be

    appointed by the appellant and the other by the respondent. If there was a

    difference as to the adjudication of the Award, an Umpire could be appointed by

    the said Arbitrators. It was also contended that the decision should be final and

    binding on the parties and the provisions of the Arbitration Act 1940 and the

    Rules thereunder shall apply.

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    25.We would have to take immediate recourse to Section 85 of the

    Arbitration and Conciliation Act, 1996 and more specifically to Section 85(2) of

    the said Act which provides that the provisions of the Arbitration Act, 1940

    which stood repelled under Sub Section 1 of Section 85 would apply only to

    arbitration proceedings which had commenced before the Arbitration and

    Conciliation Act, 1996 came into force and that the Arbitration and Conciliation

    Act, 1996 shall apply in relation to arbitral proceedings which commenced on

    or after this Act had come into force. Section 85 in entirety is extracted

    hereunder:

    85. Repeal and saving.-(1)The Arbitration
    (Protocol and Convention)Act, 1937 (6 of 1937), the
    Arbitration Act, 1940 (10 of 1940) and the Foreign
    Awards (Recognition and Enforcement) Act, 1961

    (45 of 1961) are hereby repealed.

    (2)Notwithstanding such repeal,

    (a)the provisions of the said enactments shall
    apply in relation to arbitral proceedings which
    commenced before this Act came into force unless
    otherwise agreed by the parties but this Act shall
    apply in relation to arbitral proceedings which
    commenced on or after this Act comes into force;

    (b)all rules made and notifications published,
    under the said enactments shall, to the extent to
    which they are not repugnant to this Act, be deemed

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    respectively to have been made or issued under this
    Act.

    26.We are constrained to point out the above provision since the appellant

    and the respondent in their agreement dated 18.11.1995 which had been entered

    into before 1996 Act came into effect had stated that any dispute should be

    referred to arbitration under the provisions of the Arbitration Act, 1940. The

    Arbitration and Conciliation Act, 1996 received the assent of the President on

    16.08.1996 and was published in the Gazette of India on 16.08.1996. The

    appellant had raised a dispute regarding the claim for Berth Hire Charges, Berth

    Reservation Charges and Penal Levy Short fall and had sought appointment of

    an Arbitrator by the respondent. This would effectively mean that the earliest

    date when the arbitration proceedings commenced as provided under Section 21

    of the said Act would be from 25.04.1997, after the Arbitration and Conciliation

    Act, 1996 had come into force. The provisions of that Act therefore would cover

    the adjudication of disputes though the parties had agreed that the disputes will

    be covered through arbitration under the provisions of the Arbitration Act, 1940.

    Section 21 of the Arbitration and Conciliation Act, 1996 is as follows:

    21. Commencement of arbitral
    proceedings.—Unless otherwise agreed by the
    parties, the arbitral proceedings in respect of a
    particular dispute commence on the date on which
    a request for that dispute to be referred to
    arbitration is received by the respondent.

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    27.In the instant case, the Berth Reservation Agreement between the

    appellant and the respondent was on 18.01.1995. Thereafter, the respondent

    addressed a letter on 28.02.1997 to the appellant herein serving notice of

    violation of the terms of the Berth Reservation Agreement. It was pointed out in

    the said communication that the appellant had not furnished the forwarding

    schedule of the vessel to be handled at the dedicated berth. It was further stated

    that the appellant had not furnished details on throughput for the period from

    25.09.1996 till the date of the communication/28.02.1997, for the second year

    of the operation. It was further pointed out that there were outstandings payable

    towards the Berth Hire Charges and Berth Reservation Charges and the amount

    payable was also quantified. A demand was also made for the Penal Recovery

    for Shortfall of throughput for the first year of operation. It was also pointed out

    that an advance payment of the Berth Hire Charges and Berth Reservation

    Charges, Annual Maintenance and Annual License Fee for the second year of

    operation had not been paid. It was finally informed that the violations indicated

    should be rectified and the payment due to the respondent should be paid

    immediately, failing which, notice terminating the agreement would be issued.

    28.The appellant issued a reply on 14.03.1997 stating that in their earlier

    letter dated 08.03.1997, they had clarified the points raised. The appellant also

    enclosed a cheque for Rs.1,00,13,000/- as advance payment for the second year

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    of operation. They raised a dispute over the demand for Penal Recovery for

    shortfall of throughput for the first year of operation and also on the calculation

    of wharfage charges and the rates at which they had been calculated. The

    appellant had given their calculation and sought confirmation about the

    correctness of the same.

    29.The respondent addressed a further letter on 16.03.1997 stating that

    though there has been rectification of the violations pointed out, still there were

    further breaches, namely, in payments due to the Port towards the Berth

    Reservation Charges and Penal Recovery for the short fall in throughput during

    the first year of operation. The amount payable was crystallised at

    Rs.62,48,950.32. It was again held out that if there was no compliance or

    rectification of the breach, the respondent would issue a notice to terminate the

    agreement on the expiry of 21 days from that date/16.03.1997.

    30.The examination of the aforementioned correspondences would show

    that a dispute had been raised by the respondent complaining breach of the

    terms of the Berth Reservation Agreement. The appellant had complied with

    the demand, particularly, the advance payment for the second year of operation.

    The respondent also noticed that there was part compliance of the demands

    raised by them, but however in their communication dated 16.03.1997 had

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    stated that the appellant had not paid the Berth Reservation Charges and the

    Penal Recovery for shortfall in throughput during the first year of operation and

    therefore, by letter dated 16.03.1997 had threatened to terminat the agreement,

    effective from 21 days from the date of the said communication.

    31.The appellant then issued a communication dated 27.03.1997 pointing

    out that the points of dispute should be re-examined, particularly, relating to

    Berth Hire Charges, Berth Reservation Charges and Penal Levy for shortfall.

    They further enclosed a cheque for the total amount demanded namely,

    Rs.62,48,950.32 which they paid under protest with an understanding that after

    the issues are examined the excess amount paid would be refunded to the

    appellant.

    32.Thereafter, they had stated as follows in the said letter,

    Since the Berth Reservation agreement also
    provides for arbitration, we would also request
    you to consider appointing an Arbitrator so that
    the two Arbitrators – one appointed by you and
    the other appointed by us can arbitrate on the
    various issues that are involved and come to a
    settlement.

    33.This communication is a clear indication that since the Berth

    Reservation Agreement provides to refer disputes to arbitration, the issue should

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    be so referred. The appellant had called upon the respondent to appoint an

    Arbitrator which would enable the appellant to also nominate an Arbitrator who

    both could constitute the Arbitral Tribunal to examine the disputes which had

    arisen between the parties.

    34.Section 21 of the Act which had been extracted above clearly

    stipulates that the commencement of arbitral proceedings would be the date on

    which a request for the dispute to be referred to arbitration is received by the

    respondent before the Tribunal. The aforementioned communication from the

    appellant is a request to refer the disputes to arbitration and therefore, we hold

    that the commencement of arbitration with reference to the disputes between the

    appellant and the respondent was 27.03.1997, the date of the said

    communication.

    35.The respondent issued a further communication on 22.04.1997 once

    again reiterating the issues in dispute, namely, the Berth Hire Charges, Berth

    Reservation Charges and the Penal Levy for shortfall, but however, not

    answering the demand raised by the appellant to nominate an Arbitrator in the

    manner prescribed under the Berth Reservation Agreement. The appellant had

    replied by a communication dated 25.04.1997 and had accepted to the

    calculation of the respondent with reference of Berth Hire Charges and Berth

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    Reservation Charges, but raised a protest over the calculation relating to the

    Penal Levy for shortfall. According to the appellant, the amount payable under

    this category was Rs.3,84,440/- whereas, the respondent had claimed a sum of

    Rs.65,35,080/-. They then stated as follows:

    In our letter we have already said that since
    the Berth Reservation Agreement provides for
    arbitration, an Arbitrator may please be
    appointed by you so that your Arbitrator and our
    Arbitrator can arbitrate on this particular issue
    and come to a settlement.

    Since we have paid a substantially higher
    amount than what is due to the Port and are
    losing a considerable amount of interest on the
    excess amount that is now lying with you, we
    request you to please appoint an Arbitrator
    immediately and inform us so that the matter can
    be settled as early as possible.

    36.It is thus seen that the appellant had again reiterated their demand to

    refer the dispute to arbitration and had again sought the respondent to nominate

    an Arbitrator immediately. The respondent then issued a communication dated

    19.07.1997 wherein, with respect to call to referring the disputes to arbitration,

    they had stated as follows:

    With regard to your request for appointment
    of Port’s Arbitrator for referring the alleged
    dispute, it is stated that there is no arbitrable

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    dispute and in any event the question of
    Arbitration does not arise at this stage.

    37.They further stated as follows:

    In the light of the above, it is informed that
    the Port is painfully constrained to issue advance
    notice of 15 days as per agreement for you to
    make immediate arrangements to pay the sum of
    Rs.37,21,680/-being the levy of wharfage due for
    the shortfall of 6892 TEUs in the guaranteed
    throughput of 37.500 TEUs for the nine month
    period ending 24.6.97 as per the agreement. It is
    further informed that non-payment of the same
    would amount to breach of the terms and
    conditions of the Agreement and would invite
    termination of licence.

    38.Thus, though the respondent had stated that there was no arbitral

    dispute and that the issue of arbitration does not arise at that stage, they had still

    made a demand for a sum of Rs.37,21,680/-. They had further stated that if the

    said amount is not paid, the respondent would terminate the license.

    39.It is thus seen that till this stage, though the appellant had disputed the

    claim of the respondent towards the Penal Levy for shortfall and had also called

    upon the respondent to appoint an Arbitrator, the respondent had stated that the

    issues were not arbitrable and had rather held out a threat to terminate the

    agreement, not for the first time, but for the second time.

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    40.The appellant then issued a communication dated 01.08.1997 again

    disputing the stand taken by the respondent and again reiterating the demand for

    nomination of an Arbitrator and more specifically, nominating an Arbitrator on

    their side and naming the Arbitrator also. In their communication dated

    01.08.1997, they had stated as follows:

    In view of the difference in perception of the
    agreement provisions leading to a dispute between
    Chennai Port Trust and X-Press Container Line
    on the issues relating to berth Hire and penal levy
    in the Berth Reservation Agreement dated 18th
    January ‘95 we have appointed Mr.P.C.Tilak, 13,
    Norton 1st Street, Mandavali, Madras 6000028 as
    our Arbitrator. We would request you to please
    nominate your Arbitrator at the earliest.

    41.The appellant then addressed a further communication on 25.04.1998

    again reiterating that the disputes should be referred to arbitration. They had

    stated as follows:

    In our letter dated 1.8.97, we have advised
    you of the appointment of Mr.P.C.Tilak as our
    arbitrator. We had also requested you to nominate
    an arbitrator from your side but till date we have
    not heard anything from you in this regard. We
    would request you to please let us have your reply
    together with your cheque for the above amount
    within 15 days from the date of this letter.

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    42.They had very specifically given their calculation for the penal levy

    payable and had stated that the amount was Rs.7,02,000/- and had stated that the

    respondent had collected a sum of Rs.1,02,56,760/-. The appellant therefore

    raised a demand against the respondent for the sum of Rs.94,54,769/-.

    43.They issued a further communication on 06.01.1999 and stated that

    they were informed that the respondent would work out the excess amount

    charged towards Penalty and excess Berth Hire Charges and refund the balance

    to the appellant. The letter in entirety is extracted below.

    We refer to your letter no. A/32551/87/T
    (M&S) dated 27.8.98 and the discussions that
    were held with the Traffic Manager, Chennai Port
    Trust and other senior officials in respect of the
    amounts paid towards excess berth Hire and penal
    recovery, that is to be refunded to us.

    During Mr. Raman’s meeting with the
    Traffic Manager and others on 31 August 1998,
    we were informed that the Port Trust would work
    out the excess amount charged towards penalty
    and excess berth Hire Charges collected and
    refund the balance to us shortly.

    We have received a note ref:

    AS(MF)A/5690/98/AR dated 16.9.98 indicating
    that an amount of Rs.18,76,780/- has to be

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    refunded towards excess penal recovery.

    However, we are still awaiting the excess berth
    Hire Charges that you have collected.

    We would request you to please make
    immediate arrangements to refund the amount of
    Rs 18,76,780/- towards penalty and also the
    amount that has to be refunded to us towards
    excess collection of berth Hire Charges.

    44.It is thus seen that the appellant had laid a claim against the respondent

    and had also nominated an Arbitrator in accordance with the Berth Reservation

    Agreement and had been demanding the respondent to nominate an Arbitrator

    on their side. It is also to be noted that in this communication dated 06.01.1999,

    the appellant had also stated that the Traffic Manager had stated that the excess

    amount charged towards Penalty and excess Berth Hire Charges collected would

    be worked out and refunded to the appellant.

    45.By a further communication dated 27.08.1999, the appellant again

    placed a demand for refund of the amounts and further stated as follows:

    In June’99, we had called on Mr. Muthu
    Srinivasan, FA&CAO and brought to his attention
    the inordinate delay in refunding the amount to us.
    We were assured by the FA&CAO that the details
    have already been compiled and the amount

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    would be refunded to us in about a week’s time.
    We regret that up to now the amount has still not
    been refunded.

    46.The appellant had again stated that there had been an assurance

    extended by the officials of the respondent that the amount would be refunded

    to the appellant. The appellant in their communication dated 05.01.2000 again

    raised a demand for refund of the excess levy collected as Berth Reservation

    Charges. They further stated as follows in the said communication.

    We would also like to point out that when
    our representatives met the Chairman on the
    issues, we were informed by the Chairman that
    orders have already been passed for refund of the
    amount on the above two aspects.

    47. The appellant had stated that they had been informed by Chairman

    that orders had already been passed for refund of the amount to the appellant.

    48.The Advisory Committee of the respondent had a meeting on

    04.04.2000 and the minutes recorded therein were communicated on

    25.04.2000. Quite apart from the Chairman and other officials of the

    respondent, the representatives of the Chennai Steamer Agents’ Association, All

    India Shippers’ Council, Chennai Port Stevedores’ Association and Chennai

    Custom House Agents’ Association had participated in the said meeting. One of

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    the issues raised was with reference to the amount due and payable to the

    appellant and it had been recorded as follows:

    When the Chairman wanted information on
    the latest position on the refund claims of M/s.BIL,
    M/s.XCL, FA&CAO informed that in the case of
    M/S.XCL, refund of Berth Hire Charges collected
    from non-licensee’s vessels berthed in Licensee’s
    berth during the BRS period has been decided as
    approved by CPT and on refund of excess penal
    levy collected from M/s.XCL, amount has been
    worked out deciding the ratio of empty and loaded
    containers. LA’s opinion has also been obtained
    and the settlement will be made shortly. To a
    query from Shri Rahushankar on implementation
    of TAMP’s order on port too paying interest for
    delayed settlement, FA&CAO and TM pointed out
    the practical difficulties in implementing TAMP’s
    order.

    49.A careful reading of the minutes recorded shows that the respondent

    had approved refund of Berth Hire Charges and had also calculated the amount

    to be refunded towards the excess Penal Levy. It was also minuted that Legal

    Advisor’s opinion had been obtained and that the settlement will be made

    shortly.

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    50.This communication had been pointed out by the learned Senior

    Counsel for the appellant as an acknowledgment of the debt of an existing

    liability which had also been communicated to the agent of the appellant who

    was present during the meeting. The appellant raised a further demand for the

    refund of the excess amount calculated by the respondent by a communication

    dated 29.05.2000.

    51.Thereafter, the appellant filed the petition under Section 11 (3) of the

    Arbitration and Conciliation Act, 1996 before the Original Side of this Court in

    OP No.292 of 2001 seeking appointment of a second Arbitrator in terms of the

    agreement dated 18.01.1995. The point to be now considered is whether the

    claim of the appellant stood barred by the law of limitation.

    52.The letters exchanged between the appellant and the respondent have

    been extracted above.

    53.The Berth Reservation Agreement between the appellant and the

    respondent is dated 18.01.1995. The respondent by a communication dated

    28.02.1997 had raised a dispute stating that the appellant was due and payable

    the Berth Hire Charges, Berth Reservation Charges and Penal Levy for shortfall

    of throughput for the first year. The total amount was crystallised at

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    Rs.1,00,13,000/-. The appellant by a communication dated 14.03.1997 stated

    that they are enclosing a cheque for the said amount of Rs. 1,00,13,000/- and

    had also given their calculation for the Penal Levy at Rs.3,84,440/- and

    requested confirmation of the same and had in the alternative sought adjustment

    of the said amount with Berth Hire Charges lying to their credit. The

    respondent by communication dated 16.03.1997 however contended that the

    total amount payable had been reworked to Rs.62,48,950.32 and stated that if

    the amount is not paid, they would terminate the agreement. As a matter of fact,

    they had held out this threat of termination of the agreement even in their

    communication dated 28.02.1997, whereby, they had demanded a sum of

    Rs.1,00,13,000/-. The appellant by their communication dated 27.03.1997

    informed that they would pay the full demand of Rs.62,48,950.32 and enclosed

    a cheque stating that the amount had been paid under protest.

    54.The appellant then invoked the clause relating to settlement of

    disputes through arbitration and called upon the appellant to appoint an

    Arbitrator. As pointed out earlier, under Section 21 of the Arbitration and

    Conciliation Act 1996, the arbitral proceedings are deemed to commence from

    the date when the notice invoking the arbitration clause is issued. The appellant

    had issued such a notice on 27.03.1997.

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    55.The respondent by their communication dated 22.04.1997 stated that

    the collection of various charges from the appellant was proper and demanded a

    further sum of Rs.5,81,568.62. They however did not address the demand for

    appointment of an Arbitrator.

    56.The appellant, by their communication dated 25.04.1997 stated that

    they are due and payable only a sum of Rs.3,84,440/- and pointed out that they

    had paid under protest a sum of Rs.62,48,950.32 by letter dated 27.03.1997.

    Again the appellant demanded appointment of an Arbitrator by the respondent

    to adjudicate this point of dispute. They had specifically stated that they had

    paid a substantially higher amount than what was due to the respondent and that

    they are losing considerable amount of interest on the excess amount paid and

    therefore again urged appointment of an Arbitrator by the respondent. There

    was no reply by the respondent to this communication. They again did not

    specifically address the demand for appointment of an Arbitrator.

    57.The appellant then issued a further communication on 20.06.1997,

    wherein, again they reiterated their demand for appointment of an Arbitrator and

    to refer the disputes to the arbitration. The respondent did not reply to this

    demand.

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    58.The respondent by their communication dated 19.07.1997 stated that

    there was no dispute and that therefore the question of arbitration did not arise

    that stage. They then informed that the said communication was an advance

    notice of 15 days for payment of a sum of Rs.37,21,680/- and that non payment

    would invite termination of the license.

    59.It is thus seen that the communications between the appellant and the

    respondent did not have convergence on any issue at any point. The respondent

    had initially demanded the appellant to pay the Berth Hire Charges, Berth

    Reservation Charges and Penalty for shortfall in throughput. The appellant had

    paid Rs.1,00,13,000/-, the amount demanded. The respondent raised a further

    demand of Rs.62,48,950.32/-. The appellant paid that amount under protest and

    demanded appointment of an Arbitrator by the respondent. There was no direct

    reply to this demand. But in every communication by the respondent, there was

    a threat to terminate the agreement. By a further communication dated

    19.07.1997, the respondent stated that there was no arbitrable issue and that

    there was no dispute between the parties, but raised a further demand for a sum

    of Rs.37,21,680/- and again held out a threat of termination of the agreement.

    60.The appellant by their communication dated 01.08.1997 claimed that

    they had paid all amounts including the sum of Rs.37,21,680/- and sought an

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    official receipt for the said amount and again demanded the issue to be referred

    to arbitration and also appointed Mr.P.C.Tilak as their Arbitrator. The

    respondent did not reply to this communication. The respondent have not

    produced any document to show that they had actually appointed an Arbitrator.

    There are no documents produced by the respondent that they had protested

    against the appointment of Mr.P.C.Tilak as an Arbitrator. There are no

    documents produced by the respondent expressing willingness to refer the issue

    to arbitration.

    61.The appellant by their further communication dated 25.04.1998 had

    again later raised a protest over the amount demanded and had given their

    calculation and stated that it was the respondent who has to pay the appellant a

    sum of Rs.95,54,760/- and raised a demand for the said amount. They again

    reiterated the appointment of Mr.P.C.Tilak as Arbitrator and requested

    appointment of an Arbitrator by the respondent. There was no indication that

    the respondent ever replied to this letter.

    62.It is thus seen that the respondent was demanding amounts from the

    appellant and threatening termination. The appellant then turned the tables

    around and claimed that it was the respondent who was liable to pay a

    substantial sum of Rs.95,54,760/- being excess amount collected from the

    appellant. It is further seen that though the appellant had been demanding the

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    disputes to be referred to arbitration and had also appointed their Arbitrator, the

    respondent had failed to address this particular issue directly even though

    correspondences had been exchanged between the parties.

    63.The appellant by communication dated 04.06.1998 again raised a

    demand for the amount payable by the respondent and stated that they would

    take legal action in this regard.

    64.The appellant by a further communication dated 06.01.1999

    specifically stated that a discussion was held with the Traffic Manager, Chennai

    Port Trust and other Senior Officials with respect to the excess amount paid by

    them and refundable by the respondent and specifically stated that the Traffic

    Manager and others in the meeting on 31.08.1998 had stated that the Port Trust

    would work out the excess amount charged and refund the balance.

    65.This statement by the appellant indicating admission by the official of

    the respondent that excess amount had been collected from the appellant was

    not replied by the respondent. It could only be inferred that the respondent had

    not just admitted that excess amount had been collected, but had also not

    protested that an admission had been made by the Traffic Manager on this

    aspect.

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    66.The appellant issued a further communication on 27.08.1999, wherein,

    they very specifically stated that they had called upon Muthu Srinivasan, FA

    &CAO who assured that details have been compiled and that the amount

    collected in excess would be refunded in about a weeks’ time. This again is a

    specific allegation of direct admission of liability by the respondent, by a

    responsible official of the respondent. Again, there has been no denial of this

    admission and there has been no statement made by the respondent that the said

    official who was holding the post of FA & CAO was not competent to so admit

    the liability or was not authorised to admit the said liability.

    67.By a further communication dated 05.01.2000, the appellant pointed

    out that the Chairman of the respondent/Chennai Port Trust had informed that

    orders have already been passed for refund of the amount due and payable to

    them. This statement by the appellant referring to a commitment to pay the

    appellant the amount due and that orders have already been passed had again

    not been either replied denying the same specifically or stating that the appellant

    had stated an incorrect fact.

    68.The respondent then convened an Advisory Committee meeting on

    04.04.2000 and had forwarded the minutes recorded therein on 25.04.2000 to

    the Chennai Steamer Agents’ Association which forwarded the same to all

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    members. The appellant was also a member of the said Association and a

    representative was present in the said meeting. In the said meeting, it had been

    recorded that the FA & CAO of the respondent informed that the amounts

    payable to the appellant had been worked out and Legal Advisor’s opinion had

    also been obtained and that settlement would be made shortly. This is a specific

    admission of liability.

    69.Section 18 of the Limitation Act, 1963, provides for an effect of

    acknowledgment in writing and in Explanation (a) of the said provision, it had

    been very specifically stated that an acknowledgment may be sufficient if it is

    addressed to any person, other than a person entitled to the property or right.

    70.Section 18 in entirety is given below for better appreciation:

    18. Effect of acknowledgment in writing.—
    (1)Where, before the expiration of the
    prescribed period for a suit of application in
    respect of any property or right, an
    acknowledgment of liability in respect of such
    property or right has been made in writing signed
    by the party against whom such property or right
    is claimed, or by any person through whom he
    derives his title or liability, a fresh period of
    limitation shall be computed from the time when
    the acknowledgment was so signed.

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    (2)Where the writing containing the
    acknowledgment is undated, oral evidence may be
    given of the time when it was signed; but subject to the
    provisions of the Indian Evidence Act, 1872 (1 of
    1872), oral evidence of its contents shall not be
    received.

    Explanation.—For the purposes of this section,—

    (a)an acknowledgment may be sufficient though
    it omits to specify the exact nature of the property or
    right, or avers that the time for payment, delivery,
    performance or enjoyment has not yet come or is
    accompanied by a refusal to pay, deliver, perform or
    permit to enjoy, or is coupled with a claim to set-off,
    or is addressed to a person other than a person
    entitled to the property or right;

    (b)the word “signed” means signed either
    personally or by an agent duly authorised in this
    behalf; and

    (c)an application for the execution of a decree
    or order shall not be deemed to be an application in
    respect of any property or right.

    71.It is thus seen that the appellant had issued their notice calling upon

    the disputes to be referred to arbitration by their communication dated

    27.03.1997. They further reiterated this demand by their communication dated

    25.04.1997. The respondent had stated that there were no issues to be referred

    to arbitration in their communication dated 19.07.1997. The appellant had

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    specifically nominated an Arbitrator by their communication dated 01.08.1997

    and reiterated this fact in their communication dated 25.04.1998. The appellant

    by their communication dated 06.01.1999 specifically referred to an admission

    of liability by the Traffic Manager which had not been denied by the

    respondent. The further admission of liability by the FA & CAO was pointed

    out on 27.08.1999 and again not denied by the respondent. Thus, though the

    arbitration proceedings had commenced by a communication dated 27.03.1997,

    raising a demand to refer the disputes to arbitration, there has been an

    acknowledgments of debt, referred in the letters dated 06.01.1999 and

    27.08.1999 by the appellant. The cause to refer the dispute now stood extended.

    The appellant then, by their communication dated 05.01.2000 specifically stated

    that the Chairman of the respondent had passed orders for the refund of the

    amounts payable to the appellant. Thus the respondent had extended the period

    of limitation by not denying this statement made by the appellant. It has to be

    therefore construed that the respondent admitted liability. Finally, by minutes

    dated 25.04.2000, the respondent had acknowledged in writing that they were

    liable to pay amounts to the appellant and that the same would be paid shortly.

    This admission was not only communicated in writing, but also stated in the

    presence of the representative of the appellant, namely, a member of the

    Chennai Steamer Agents’ Association.

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    72.The learned counsel for the respondent placed reliance on the

    judgment of the Hon’ble Supreme Court in OPG Power Generation Private

    Limited Vs. Enexio Power Cooling Solutions India Private Limited and another

    reported in (2025) 2 SCC 417, wherein, the scope of the recording of liability in

    the minutes of a meeting had been discussed with reference to a counter claim.

    In the instant case, the respondent had never denied that there was no such

    meeting on 04.04.2000 and that in the said meeting acknowledgment of liability

    was not expressed, and that in the said meeting there was never an assurance

    held that the liability would be settled shortly and that in the meeting there was

    no representative of the Association present and that the said minutes were not

    communicated to the Association. The respondent is thus bound by the minutes,

    particularly since, the meeting was conducted in the presence of the

    representative of the appellant’s Association and the minutes were

    communicated to the Association. We therefore hold that the minutes of the

    meeting dated 04.04.2000 would be binding on the respondent.

    73.The appellant made a further demand, by communication dated

    29.05.2000, wherein, they again stated that the FA & CAO had assured that

    settlement would be made shortly. The agent of the appellant issued a notice on

    13.07.2000 that if the respondent did not honour their liability, legal

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    proceedings would be initiated. An application under Section 11 of the

    Arbitration and Conciliation Act was then filed in October 2000. The last

    acknowledgment of the liability by the respondent was in their meeting held on

    04.04.2000, communicated to the agent of the appellant and by not replying to

    the further communication of the appellant dated 29.05.2000, the filing of the

    petition under Section 11 of the Act in October 2000 can never be stated to be

    barred by law of limitation. We hold that the appellant had initiated necessary

    proceedings within the period of limitation and the reasonings of the learned

    Single Judge without examining any of the communications between the parties

    in their proper perspective will have to be interfered with and are set aside.

    74.The appellant then filed O.P.No.292 of 2001 under Sections 11 (3) &

    11 (4) of the Arbitration and Conciliation Act, 1996, seeking appointment of a

    second Arbitrator in accordance with the terms of the Berth Reservation

    Agreement dated 18.01.1995. It had been contended in the said petition that the

    appellant had appointed an Arbitrator by its letter dated 01.08.1997 and that the

    respondent had failed to appoint their Arbitrator within 30 days from the date of

    the receipt of the notice. In the said petition, the respondent filed a counter

    affidavit contending that no dispute had arisen between the appellant and the

    respondent and that therefore, the issue of invoking the clause to refer disputes

    to arbitration did not arise. This petition filed by the appellant had been filed in

    October 2000. The matter then came up before the then Chief Justice, who by

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    an order dated 28.09.2004, had appointed a former Judge of this Court as an

    Arbitrator to decide the disputes in accordance with the provisions of the Act

    within a period of six months.

    75.It must be mentioned that the law which prevailed at that point of time

    was that an order appointing an Arbitrator under Section 11 of the Act was an

    administrative order, subject to judicial review. The respondent filed

    W.P.No.7692 of 2005 challenging the appointment of an Arbitrator. The matter

    then proceeded before the Writ Appellate Court, wherein, W.A.No.1459 of 2005

    was filed and by an order dated 23.09.2005, a Division Bench of this Court

    stated that a third Arbitrator would be appointed by the two Arbitrators, one

    appointed by the Contractor and the other appointed by the Court. It was

    further ordered that the issue of limitation or any other question can be raised

    before the Arbitrators. It is thus seen that the matter had been pending judicial

    consideration from October 2000 when the petitioner filed a petition under

    Section 11 of the Act seeking appointment of an Arbitrator till September 2005

    when the Division Bench had formulated a procedure for appointment of a third

    Arbitrator. This period will naturally have to be excluded when the issue of

    limitation is examined.

    76.Quite apart from the above, it is to be noted that for the

    communications issued by the appellant, the respondent had not issued any

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    reply, particularly, with respect to the demand for appointment of a second

    Arbitrator and with respect to the specific averments that initially the Traffic

    Manager and later the FA & CAO of the respondent Port Trust and finally the

    Chairman had admitted to the claim of the appellant. Thereafter, the claim was

    presented before the Arbitral Tribunal by the appellant on 11.11.2005 less than

    two months from the date of order by the Division Bench formulating the

    procedure to form an Arbitral Tribunal. The respondent then raised the issue of

    limitation. The Arbitral Tribunal framed the issue of limitation as a preliminary

    issue and held that the claim petition was filed within the period of limitation.

    Challenging that order, the respondent herein filed CMA No.134 of 2007 under

    Section 37 of the Arbitration and Conciliation Act, 1996. A learned Single

    Judge of this Court by order dated 09.10.2007 observed that the appeal had been

    admitted and interim stay had been granted and that the appellant herein had

    filed an application to vacate the stay which was dismissed and the stay was

    made absolute. It was further observed that the appellant had filed a Special

    Leave Petition before the Hon’ble Supreme Court, wherein, the petition was

    disposed of by requesting the High Court to decide the issue of maintainability

    of the appeal and that in the mean time, the arbitration may proceed and Award

    may also be pronounced, but shall not be put into execution till the

    maintainability of the appeal is decided. The learned Single Judge finally held

    that CMA No.134 of 2007 was not maintainable and dismissed the same.

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    77.The Arbitral Tribunal then proceeded to pass an Award on 17.09.2007,

    challenging which the respondent had filed O.P.No.511 of 2009 under Section

    34 of the Act. The learned Single Judge had held the issue of limitation in

    favour the respondent herein. We hold that while deciding the issue of

    limitation, due regard should have been given to the admissions made by the

    respondent and to the further facts that the respondent had protracted the issue

    by first refusing to appoint an Arbitrator, second by denying that there was any

    dispute to be referred to arbitration, third by contesting the petition filed under

    Section 11 of the Act filed by the appellant herein, fourth by challenging the

    order by filing a writ petition, fifth by raising the issue of limitation before the

    Arbitral Tribunal and sixth by challenging the order passed on the issue of

    limitation again in appeal before this Court. The period taken in all these

    proceedings should be excluded as they were not under the control of the

    appellant and could only be termed as frivolous steps taken by the respondent to

    delay the payment of the admitted claim by them.

    78.It had been held by the learned Single Judge that the Arbitral Tribunal

    had allowed the claims without evidence being available. During the Arbitral

    proceedings, the appellant, as claimant had examined their Regional

    Representative and the correspondences referred supra had been marked which

    clearly indicate that the respondent had initially made demands for the Berth

    Hire Charges, Berth Reservation Charges and Penalty for shortfall in throughput

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    and had threatened termination of the agreement, to avert which the appellant

    had paid the amount demanded and later it was found that the amounts

    demanded and paid were far in excess of the actual amount payable by the

    appellant. It was the respondent who had to refund the excess amount payable.

    This liability was acknowledged by the Traffic Manager of the respondent, by

    the FA & CAO of the respondent, by the Chairman of the respondent and further

    in the presence of the representative of the Association of the appellant in a

    meeting convened by the Chairman, attended by the FA & CAO of the

    respondent. This acknowledgment is more than sufficient to hold that the

    respondent was due and payable the amount to the appellant.

    79.It is beyond the scope of the Court under Section 34 or Section 37 of

    the Act to go into the intricacies of the calculations made and presented before

    the Arbitral Tribunal to find whether they were arithmetically correct or not,

    particularly when there was no denial of the correctness of the demand of the

    appellant and more particularly since there was an admission of liability by the

    respondent. Even otherwise, the witness for the appellant very specifically

    stated during cross examination that he came to know what exactly transpired in

    the Advisory Committee meeting held on 04.04.2000 from the minutes of the

    meeting. He further asserted that an assurance was given that the amounts

    would be settled. He denied that such an assurance was not given. He

    specifically stated as follows:

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    Q.175 Sir, Read that part of the minutes which you
    refer that is in your favour, who according to you
    assured XCL. whether Chairman or F.A & CẢO ?
    Ans: On Chairman’s enquiry the F.A & CAO
    confirmed in presence of our Agent’s Association
    representative.

    80.The next question was not that this statement by the witness was not

    correct. Rather a question was put as to what was the name of the Chairman of

    the respondent. The said question and answer are as follows:

    Q. 176. Who was the Chairman of the advisory
    committee meeting held on 04/04/2000?
    Ans. Shri. Baskara Doss, IAS chaired the meeting.

    81.It is thus seen that the respondent has not specifically challenged the

    statement made by the witness that the admission of liability was made in the

    presence of the representative of the Agents’ Association. It would only be

    proper to once again reiterate that the effect of acknowledgment of liability in

    the presence of a person other than to whom the right had accrued is more than

    sufficient in accordance with the Explanation (a) of Section 18 of the Limitation

    Act, 1963. The documentary evidence produced and referred above and the oral

    evidence adduced would only indicate that the Tribunal had come to a proper

    decision in the claim petition preferred by the appellant and there is no patent

    illegality. It can never be stated that it was perverse or that extraneous reasons

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    42/44 OSA(CAD) No. 39 of 2021

    had been given to justify the claim being granted by the Tribunal. We would set

    aside the reasoning of the learned Single Judge on this aspect.

    82.The learned counsel for the respondent had placed reliance on the

    judgment of the Hon’ble Supreme Court in SSANGYONG Engineering and

    Construction Company Limited Vs. National Highways Authority of India,

    reported in (2019) 15 SCC 131, wherein, the Hon’ble Supreme Court had held

    that when a party was not able to present his case, it could be construed as

    patent illegality. It was also held that if a conclusion is reached on no evidence,

    then it would indicate patent illegality. In the instant case, there was more than

    sufficient evidence available, there was more than one acknowledgment of

    liability and there was no denial of such acknowledgment of liability and there

    was no denial that the documents presented by the appellant were never

    communicated to the respondent.

    83.We hold that the Award granted by the Tribunal had been granted on

    the basis of sufficient evidence produced and can never be categorised as

    suffering from patent illegality.

    84.In view of all these reasons, we set aside the order of the learned

    Single Judge and restore the award of the Arbitral Tribunal on the same terms

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    43/44 OSA(CAD) No. 39 of 2021

    granted by the Tribunal. The judgment of the learned Single Judge in

    O.P.No.511 of 2009 dated 17.09.2020 is set aside. The Appeal stands allowed

    with costs. Consequently, connected miscellaneous petition is also closed.

    (C.V.K.J., ) (K.B.J., )
    13-03-2026

    Index:Yes/No
    Speaking/Non-speaking order
    Internet:Yes
    Neutral Citation:Yes/No
    sli
    To
    The Board of Trustees of the Port of
    Chennai,
    Rajaji Salai, Chennai 600001.

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    44/44 OSA(CAD) No. 39 of 2021

    C.V.KARTHIKEYAN, J.

    AND
    K.KUMARESH BABU, J.

    sli

    Pre-delivery Judgment in
    OSA(CAD) No. 39 of 2021

    13-03-2026

    https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 05:07:50 pm )



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