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OJCA/230/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 230 of 2010
In
CIVIL
APPLICATION No. 367 of 2008
In
CIVIL APPLICATION No. 186 of 2008
=========================================
J
S OCEAN LINES PTE LTD - Applicant(s)
Versus
ARAB
SHIPPING CO.(LLC) & 1 - Respondent(s)
=========================================
Appearance :
MS
PAURAMI B SHETH for
Applicant
MR RJ OZA for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 25/06/2010
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE H.N.DEVANI)
This
application prays that the Registry be directed to take back two
original Demand Drafts bearing No.742312 and 742313 for a sum of
Rs.9,00,000/- and Rs.2,76,712/- respectively, both dated 3rd
March, 2009, and further to issue Demand Draft in favour of V.
Arjoon Shipping Ltd. after deducting bank charges for issuance of
the same. Alternatively, it is prayed that the Registry be directed
to take back the aforesaid original Demand Drafts and a direction be
issued to the State Bank of India to issue Demand Drafts in favour
of the applicant of equivalent amount in US dollars payable at
Singapore at the prevailing rate on the date of issuance of the
Demand Draft for the total amount of two original Demand Drafts or
to transmit the money in US dollars at the rate prevailing on the
date of issuance of the demand drafts or telegraphically transfer
the money in the account of the applicant at Singapore in terms of
the details provided in the application.
The
learned advocate for the applicant has invited attention to the
averments made in the application to point out the difficulties
faced by the applicant in getting the two demand drafts encashed.
It is submitted that in the circumstances, the Court may at least
consider granting the alternative prayer made in the application.
Vide
order dated 13th February 2009 made in Civil Application
No.367 of 2008, this Court had directed the Registry to return the
amount of Rs.11.6 lakhs payable to the applicant herein, after
obtaining a demand draft in favour of the applicant, after deducting
the bank charges for issuance of the necessary demand draft of the
aforesaid amount. It was further directed that the demand draft be
handed over to the learned advocate for the appellant.
Having
regard to the submissions advanced by the learned advocate for the
applicant and in the light of the averments made in the application,
in the opinion of the Court, interests of justice would be met if
the alternative prayer made in the application is granted.
In
the light of the aforesaid, the application is allowed. Registry is
directed to take back the two original Demand Drafts bearing
No.742312 and 742313 for a sum of Rs.9,00,000/- and Rs.2,76,712/-
respectively, both dated 3rd March, 2009 issued in favour
of the applicant and obtain demand draft in favour of the applicant
of the equivalent amount from the State Bank of India in US dollars
payable at Singapore at the prevailing rate on the date of issuance
of the demand draft for the total amount of the aforesaid two
original demand drafts dated 3rd March, 2009, after
deducing the necessary bank charges for issuance of the demand draft
for the aforesaid amount, as expeditiously as possible.
The
application stands disposed of accordingly.
[D.A.MEHTA,
J.]
[HARSHA
DEVANI, J.]
parmar*
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