Continental Rediance Offshore Private Limited v. Vision Projects Technologies Pvt. Ltd.

P1-CARBPL12391-2021 WITH CARBPL12392-2021.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 12391 OF 2021 WITH COMM ARBITRATION PETITION (L) NO. 12392 OF 2021 Continental Radiance Offshore Pvt Ltd

...Petitioner

Versus

Vision Projects Technologies Pvt Ltd

...Respondent

Mr Ashwin Shanker, with Kunal Naik & Ram Jay Narayan, for the Petitioner.

Mr Prathamesh Kamat, i/b Priyanka Patel, for the Respondent. CORAM:G.S. PATEL, J DATED: 24th September 2021 PC:- 1.

Mentioned. Not on board. Taken on board.

2.

The matter is before the Hon'ble Mr Justice BP Colabawalla. It is placed here because I am told a question has arisen that Digitally signed by ATUL GANESH KULKARNI Date:

2021.09.27 11:08:48 +0530 apparently requires a clarification of paragraph 4 of my order dated ATUL GANESH KULKARNI 16th June 2021 in two arbitration petitions. Paragraph 4 reads thus: "4. Mr Kamat in addition makes a further statement that, in view of these instructions, his clients will not in any manner object to the Petitioners making the necessary 24th September 2021

P1-CARBPL12391-2021 WITH CARBPL12392-2021.DOC application and taking all necessary steps to move the vessel or to allow it to be sent out. If the Respondents or their existing agent's consent or co-operation is required, whether for repairs or for removal of the vessel, Mr Kamat assures the Court that this will be readily forthcoming from the Respondents. The statement is also noted and accepted.

"

3.

It seems that the Respondent to the Arbitration Petitions represented by Mr Kamat has since moved for arrest of the vessel. Obviously, the statement that he made on 16th June 2021 was, first, confined to that matter and could not have permissibly extended to any other litigation. Second, that statement could not operate as a restraint against the Respondent from adopting legal proceedings as in accordance with law.

4.

No further clarification is required.

5.

of this order.

(G. S. PATEL, J) 24th September 2021