Proud Parents Investments … vs Owners & All Parties Interested on 1 June, 2011

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Calcutta High Court
Proud Parents Investments … vs Owners & All Parties Interested on 1 June, 2011
Author: Dr. Sambuddha Chakrabarti
                                  TA No. 41 of 2011
                                  T No. 35 of 2011
                                A.S. No.     of 2011

                         IN THE HIGH COURT AT CALCUTTA
                             Admiralty Jurisdiction
                                 ORIGINAL SIDE



                                       PROUD PARENTS INVESTMENTS COMPANY

                                                       -Versus-

                                       OWNERS & ALL PARTIES INTERESTED
                                       IN THE BUNKERS ON BOARD THE VESSEL
                                       M.V. KEA & ANR.
                                                                        Appearance:
                                                               Mr. K. Thakkar, Adv.
                                                             ...For the petitioner.
       BEFORE:
       The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI

Date : 1st June, 2011.

VACATION BENCH

The Court : This is an application for an order of arrest of

the bunkers on board the vessel M.V. KEA within the territorial water of

India at Paradeep Port and not to release until the defendants furnish

adequate securities to the plaintiff’s claim. The petitioners have also

prayed for an inventory on the bunkers on board the vessel M.V. KEA and

to file a report.

After hearing the learned Advocate for the petitioner and

after going through the materials, I do not find any prima facie case

for passing an order of arrest, as prayed for, more so, in view of the

arbitration clause in the Charter Party Agreement.

(Dr. SAMBUDDHA CHAKRABARTI, J.)
A/s.

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