Celestial Maridian Shpping Pvt Ltd. v. Maria India (I.M.O. No. 9039602) ANR
jo 81 of 2016 (911).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION JUDGE'S ORDER NO.81 OF 2016 IN ADMIRALTY SUIT (L) NO.397 OF 2016 Celestial Maridian Shipping Pvt. Ltd.
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Plaintiff versus Maria India and Anr.
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Defendants Mr. Vishal Sheth with Mr. Balaji Harish Iyer i/by Mr. Ashwin Shankar, for Plaintiffs. Mr. Rahul Narichania, Senior Advocate with Mr. Prathamesh Kamat,Mr. S. Iyer i/by M/s. Ganesh and Co., for Defendants.
Mr. Kiran Kamat, Director of Link Shipping and Management Systems Pvt. Ltd. present.
CORAM: S.J. KATHAWALLA, J.
DATE: 18 th APRIL, 2016 P.C.:
1.
Heard the learned Advocates for the parties and the following order is passed by consent of the parties :
(i) The Defendants shall secure the claim of the Plaintiff as follows : (a) The Defendants shall hand over to the Prothonotary and Senior Master a demand draft drawn in his favour in the sum of USD 10,05,000/-. (b) The balance security of Rs.15,48,668/- shall be handed over to the Prothonotary and Senior Master on 20-04-2016 by 5.00 p.m. (ii)Mr. Kiran Kamat, Director of the Defendant, who is present in Court, states that he resides in Flat No. S-1/2, Palm Spring, Cuffe Parade, Mumbai - 400 005 ssp 1/2
jo 81 of 2016 (911).sxw (the said flat). The said flat stands in the joint names of himself and his wife. The said flat is unencumbered. He shall not sell, alienate, encumber, part with possession and/or create any third party rights in respect of the same until the amount set out in clauses (a) and (b) of paragraph (1) above, is deposited with the Prothonotary and Senior Master of this Court towards securing the claim of the Plaintiffs. (iii)Needless to add that this order is passed without prejudice to the rights and contentions of the parties.
(iv)In view of this order, the Defendant No.1 Vessel is allowed to sail. (v) A copy of this order shall be forwarded to the Port Authorities, Customs, etc.
(vi)The Judge's Order is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2