Martek Engineering Works v. M.V. Maria India And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION JUDGE'S ORDER NO. 9 OF 2016 IN ADMIRALTY SUIT (L) NO. 32 OF 2016 MARTEX ENGINEERING WORKS ...Plaintiff Vs M. V. MARIA INDIA & ORS.

...Defendants Mr Shivam Singh Adv for the Plaintiff Mr Prathamesh Kamat with Mr Suraj Iyer i/b M/s Ganesh & Co, Adv for Defendant No. 1 CORAM: S.J. KATHAWALLA.J.

DATED: 18TH JANUARY, 2016

1. Heard the Learned Counsel appearing for the parties.

2. The Learned Advocate for the Defendant No. 1 tenders a demand draft for a sum of Rs 29, 87, 407/- (Rupees Twenty Nine Lakhs Eighty Seven Thousand Four Hundred and Seven Only) dated January 18, 2016 drawn on United Bank of India as security for the entire amount as claimed in the aforesaid Admiralty Suit. The same be deposited by the Ld. Prothonotary & Senior Master in an interest bearing Fixed Deposit initially for a period of one year and which shall be re-deposited / renewed from time to time.

3. The undertakings made by Learned Advocate for the Defendant on 14th and 15th January, 2015 stands discharged. Defendant No.1 vessel is free to sail away.

4. Defendant No.1 is at liberty to replace the security amount with a bank guarantee of a nationalized bank.

5. In view of the aforesaid, the captioned Judges Order stands Disposed off.

6. No order as to Costs;

(S.J. KATHAWALLA, J.)