Mani Sankar Das v. M.V. Manak 1 And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE-ADMIRALTY JURISDICTION ADMIRALTY SUIT NO. 40 OF 2016 WITH JUDGES ORDER NO. 96 OF 2016 IN ADMIRALTY SUIT (LODG.) NO. 472 OF 2016 WITH NOTICE OF MOTION NO. 2522 OF 2016 IN ADMIRALTY SUIT NO. 40 OF 2016 Tomy Thomas .. Plaintiff Vs.

M.V. MANAK-1 & Ors.

.. Defendants WITH ADMIRALTY SUIT NO. 8 OF 2017 Ganjendera Singh Pundhir .. Plaintiff Vs.

M.V. MANAK-1 & Ors.

.. Defendants WITH ADMIRALTY SUIT NO. 20 OF 2017 Mani Sankar Das .. Plaintiff Vs.

M.V. MANAK-1 & Ors.

.. Defendants Ms. Jane Cox i/b Karishma Rao for plaintiff (in all suits). Mr.Vagish Mishra a/w. Mr.Uttam Kumar Dubey I/b Law Counsellors for defendant Nos.1 and 2 (in all suits.) Ms.Prachi Jadhav I/b Ashish Mehta for defendant no.3 (in all suits). CORAM : K.R.SHRIRAM, J.

DATE : 14TH AUGUST 2018 P.C.

Ms.Jane Cox for plaintiff states that plaintiff has paid all the amounts 1/3

as recorded in the order dated 8th August 2018. Ms. Cox states that in Admiralty Suit No.20 of 2017, defendants have handed over a Pay Order of Rs.25,230/- drawn in favour of Prothonotary and Senior Master, High Court, Bombay towards Court fees and this pay order will be submitted to the Prothonotary and Senior Master during the course of today. Statement accepted.

Ms.Cox also states that in Admiralty Suit No.40 of 2016, poundage of Rs. 20,500/- is payable and this is being paid by defendants. Ms.Cox states that she has received a Pay Order drawn in favour of Sheriff Mumbai for Rs.20,500/- towards poundage. Ms.Cox states, the Pay Order will be handed over to the Sheriff of Mumbai on 16th August 2018. Ms.Cox points out that the Pay Order is in favour of 'Sheriff Mumbai' and not 'Sheriff of Mumbai'. Mr.Mishra states that if there is any problem then defendants will replace the Pay Order with proper Pay Order.

Mr. Mishra informs that defendant no.1 vessel has been arrested in another Suit being Admiralty Suit No.31 of 2017. Mr. Mishra states that therefore, defendants will apply for release of the vessel after the order of arrest is vacated in Admiralty Suit No.31 of 2017 and subject to no caveat against release is pending.

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Ms.Cox states that in Admiralty Suit No.40 of 20116 and Admiralty Suit No.8 of 2017, evidence of plaintiff's witness has been recorded and original documents have been filed. Ms.Cox seeks leave to withdraw original documents by substituting the same with photocopies duly authenticated as true copy by the advocate on record for plaintiff. The Prothonotary and Senior Master to return original documents to the advocate for plaintiff upon receiving photocopies of those documents with the endorsement as true copy of the advocate on record for plaintiff. All the suits accordingly disposed.

Refund of Court fees, if any, in accordance with Rules. All interim applications stand disposed.

All concerned to act on authenticated copy of this order. (K.R. SHRIRAM, J.) Digitally signed by Shraddha Kamlesh Talekar Date:

2018.08.16 16:47:06 +0530 Shraddha Kamlesh Talekar 3/3