C.M. Trading Company v. Barge Veer Ekadanta And ANR.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION JUDGE'S ORDER NO.43 OF 2018 IN COMMERCIAL ADMIRALTY SUIT (L) NO.6 OF 2018 M/s. C.M. Trading Company ....Plaintiff Vs.
Barge Veer Ekadanta & Anr.
....Defendants ---- Mr. Ashwin Shanker for plaintiff.
Mr. Rashmin Khandekar a/w. Mr. Ranjit Shetty, Mr. Swapnil Gupte and Ms. Vatsala Pant i/b. Argus Partners for defendants. Mr. Nandan Yalgi, Managing Director of defendant no.2 present. ---- CORAM : K.R.SHRIRAM, J.
DATE : 12th MARCH, 2018 P.C.:
Mr. Khandekar, counsel for defendants, while disputing the averments in the plaint and particularly, paragraph 23A, on instructions from Mr. Nandan Yalgi, Managing Director of defendant no.2, who are the owners of defendant no.1, undertakes to this Court that the first defendant barge will not leave the territorial waters of India and the barge will not be sold without leave of this Court. Mr. Khandekar states that if there is a total loss of this barge, then the insurance claim will be deposited with the Prothonotary and Senior Master, High Court, Bombay. Mr. Khandekar is making this statement without prejudice to the rights and contentions of defendants including challenging the jurisdiction of this Court as against defendants and whether a barge, which is dumb barge, can be arrested by Gauri Gaekwad
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Judge's order accordingly stands disposed with liberty to apply. Mr. Khandekar waives service of writ of summons. Mr. Khandekar states that written statement will be filed and copy served within four weeks from today.
Affidavit of documents to be filed and copy served on or before 20th April, 2018. Discovery and inspection to be completed by 27th April, 2018.
Suit to be listed for issues on 2nd May, 2018 on which date parties to come with agreed draft issues and a separate list of issues on which they are unable to agree.
(K.R. SHRIRAM, J.) Gauri Gaekwad