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AS/4/2011 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADMIRALITY
SUIT No. 4 of 2011
=========================================================
M/S
BUNKER 365 CO LTD & 1 - Plaintiff(s)
Versus
M
V SEAWAY NO.6 & 2 - Defendant(s)
=========================================================
Appearance :
MR
RS SANJANWALA for
Plaintiff(s) : 1 - 2.
MR RJ OZA for Defendant(s) : 1 - 2.
None
for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 28/02/2011
ORAL
ORDER
This
matter was mentioned by Mr. RJ Oza learned Counsel for defendants
No.1 and 2 at 11.00 clock today to notify this matter at 2.30 pm as
some urgent order was to be obtained.
Learned
Counsel Mr. R.S. Sanjanwala appears for the plaintiff. With his
consent, Mr. Oza was permitted to circulate this Admirality Suit at
2.30 pm today. I deem it fit and and proper to observe that on
23.02.2011, the matter was taken up for hearing and the Court passed
the order making Notice returnable on 01.03.2011. The Court also
recorded the statement of Mr. R.J. Oza learned Counsel for
defendants No.1 and 2, on instructions, that defendant No.1 vessel
shall not be sailed away or beached till 01.03.2011. It appears
that the parties have arrived to some consensus to the effect that
defendants No.1 and 2 are depositing a sum of Rs.2,45,57,497.56
(Rupees Two Crores Forty Five Lakhs Fifty Seven Thousand Four
Hundred Ninety Seven and Paise Five Six Only) by way of a Demand
Draft drawn on Kotak Mahindra Bank Ltd. dated 26.02.2011, a zerox
copy of which is ordered to be taken on record. Learned Counsel
Mr. Oza states that this demand draft is in the name of ‘The
Registrar Gujarat High Court Ahmedabad’ and he will be depositing
this demand draft by today.
Learned
Counsel Mr. Sanjanwala states that since his interest has been
protected by the deposit of this entire suit claim, learned Counsel
Mr. Oza can be relieved of his statement made on 23.02.2011 that the
vessel will be not sailed or beach till 01.03.2011.
In
view of the consensus arrived at between the parties, defendant No.1
vessel is notionally arrested. Defendant No.2 has submitted demand
draft in the sum of Rs.2,45,57,497.56 as security for the claim in
lieu of the defendant vessel. This deposit is being made without
prejudice to the right and contentions of parties. Registry is
directed to realize the Demand Draft and to deposit the money in a
Fixed Deposit of any nationalised bank for a period of six months.
In
view of the above, learned Counsel Mr. R.J. Oza for defendants No.1
and 2 is relieved from his statement made before the Court on
23.02.2011. Consequently, the defendant vessel also stands released
from the order of arrest. The Registry is directed to accept the
demand draft for the requisite amount and on acceptance, this order
shall come into operation. It will be open for the learned Counsel
Mr. Oza for defendants No.1 and 2 to communicate this order to the
competent authority.
Further
hearing of the Admirality Suit No.4/2011 is adjourned to 28th
March, 2011. S.O. to 28th March, 2011. Direct Service
is permitted.
Sd/-
(J.B.
Pardiwala, J.)
Caroline
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