Mitsui Osk Lines Ltd (Japan) v. Orient Ship Agency Pvt. Ltd.

Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 13 OF 2016 IN EXECUTION APPLICATION NO. 919 OF 2016 WITH GARNISHEE NOTICE NO. 179 OF 2015 WITH CHAMBER SUMMONS NO. 292 OF 2014 IN EXECUTION APPLICATION NO. 809 OF 2016 WITH CHAMBER SUMMONS NO. 84 OF 2015 AND CHAMBER SUMMONS NO. 1510 OF 2015 IN EXECUTION APPLICATION NO. 809 OF 2016 AND NOTICE OF MOTION NO. 1666 OF 2016 IN EXECUTION APPLICATION NO. 809 OF 2016 IN ARBITRATION PETITION NO. 842 OF 2009

MITSUI OSK Lines Ltd (Japan) ...Applicant / Award Holder

Versus

Orient Ship Agency Pvt Ltd ... Respondent And Ornate Multi-Modal Carriers Pvt Ltd ... Garnishee / Judg Debtor And Jalil Jalali Sayed & Ors ... Additional Respondents Mr Gaurang Mehta, with Ms Poorva Garg, Mr Parikshit Barpujari i/b Mulla & Mulla & CBC for the Award Holder/ Applicant.

Mr Cherag Bulsara, with Ms Pooja Kshirsagar, counsels with Ms Eram Quraishi i/b M/s Kartikeya & Associates for Respondents.

Ms Rupali Dixit, for Defendant No.2 (MHADA).

Mr Kiran Gaikwad, i/b MV Kini & Co for Respondent No. 6.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

There is a further Affidavit in Support dated 3rd March 2017. The Judgement Debtor is undoubtedly entitled to put in a reply especially since the principal inspiration for this application seems to be that Judgment Debtor / Garnishee succeeded in a litigation in this Court against the Jawaharlal Nehru Port Trust (or more accurately successfully defended itself against JNPT). On this basis it is now contended that the garnishee must disclose the "assets hidden" in its financial returns.

2.

Affidavit in Reply to be filed and served on or before 17th April 2017. Affidavit in Rejoinder to be filed and served on or before 5th May 2017.

3.

All these matters are to be listed for direction on 6th June 2017.

(G. S. PATEL, J.)