The Board Of Trustees Of The Port Of Mumbai v. Deepsea Matdrill (Imp 8755053) And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION JUDGE'S ORDER NO.9 OF 2022 IN COMMERCIAL ADMIRALTY SUIT (L) NO. 2834 OF 2022 The Board of Trustees of the Port of Mumbai .. Plaintiffs v/s.

Deepsea Matdrill (IMO : 8755053) & Ors.

.. Defendants Mr. Ajai Fernandes a/w Ms. Sneha Pandey i/b. Motiwalla & Co. for the plaintiffs.

None for the respondents.

CORAM : A. K. MENON, J.

DATED : 15TH FEBRUARY, 2022.

P.C. :

Not on board. Mentioned. Taken on production board.

1. The Bombay Port Trust has filed this suit seeking to recover a sum of Rs.68,63,842/- with interest at the rate of 15% p.a. said to be due towards anchoring charges for the defendant vessel. The particulars of claim sets out the details of the Marine Department's bills and interest as per the schedule of rates. Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.02.15 17:05:57 +0530 SANDHYA BHAGU WADHWA 1/2 p-501-jo-9-22.doc wadhwa

2. Mr. Fernandes appearing in support states that from bills raised from time to time have remained unpaid. Since the bills have been unpaid they have constrained to move this application. He seeks an order of arrest in terms of the Judge's Order filed separately. Caveat register has been produced, there is no Caveat filed against arrest.

3. Perused the plaint. Heard the learned counsel for the plaintiff. Prima facie case is made out. Accordingly, I pass the following order;

(i) Judge's Order is signed separately.

(ii) Warrant of arrest is dispensed with.

(iii) All concerned to act on a copy of this order authenticated by the Associate of this court.

(A. K. MENON, J.) 2/2 p-501-jo-9-22.doc wadhwa