Idbi Bank Ltd. v. Mv Tag Navya (Imo No. 8819081) And ANR.

1/2 JO-6-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION JUDGES ORDER NO.6 OF 2020 IN COMMERCIAL ADMIRALTY SUIT (L) NO.2 OF 2020 IDBI Bank Limited ....Plaintiff Vs.

MV TAG NAVYA (IMO No.8819081) & Anr.

....Defendants ---- Mr. V. K. Ramabhdran, senior advocate a/w. Mr. Prasad Shenoy and Mr. Naishadh Bhatia i/b. M/s. Crawford Bayley and Company for applicant/ plaintiff.

---- CORAM : K.R.SHRIRAM, J.

DATE : 20th JANUARY 2020 P.C.:

Not on board. Upon mentioning taken on production board at 3.00 p.m.

Heard Mr. Ramabhdran, senior advocate for plaintiff and also considered the plaint. Prima facie case for arrest of defendant vessel is made out.

The Judge's Order for arrest of defendant vessel is signed separately. Mr. Ramabhdran states there is no caveat against arrest of defendant vessel as per the endorsement made today at 2.08 p.m. by the Section officer of the Execution Department in the praecipe. Plaintiff is at liberty to forward a copy of the communication from the Sheriff of Mumbai forwarding this order by fax/email/hand delivery/RPAD to Port and Customs Authorities. Gauri Gaekwad

2/2 JO-6-2020.doc The undertaking of plaintiff's advocate that the warrant of arrest will be served upon the vessel, the Port and Customs Authorities within two weeks from today is accepted.

Plaintiff shall also forward the communication mentioned in paragraph 3 and a copy of the warrant of arrest in paragraph 4 above to defendant no.2 within 48 hours from the time this order is uploaded. Mr. Ramabhdran states that though there is no caveat filed against arrest of defendant vessel, by way of abundant caution, plaintiff has given notice of this arrest application to the Liquidator though erroneously referred to as Resolution Professional.

After execution of warrant of arrest, if the arrested vessel is not released by furnishing security or bail amount within 15 days, or an application for vacating order of arrest is not filed, or vessel is found abandoned by the person in-charge of the vessel or owner or is found unmanned, in such an event, on application made by plaintiff, the office of Sheriff of Mumbai shall present Sheriff's report for auctioning vessel within seven days from the date of receiving communication from plaintiff' s advocate or from the date of knowledge of abandonment of vessel. All to act on a copy of this order duly authenticated as true copy by the Associate of this Court.

(K.R. SHRIRAM, J.) Gauri Gaekwad