National Bank Of Greece Sa v. Mv Theoxenia (Imo No.9142980) And Union Of India

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL NOTICE OF MOTION NO.1298 OF 2018 IN COMMERCIAL ADMIRALTY SUIT NO.792 OF 2017 Union of India ....Applicant

IN THE MATTER BETWEEN :

National Bank of Greece SA ....Plaintiff Vs.

m.v. Theoxenia (IMO 9142980) ....Defendant ---- Ms. Mitali Chakravarty I/b. Bose and Mitra and Co. for plaintiff. Mr. Abhishek Mishra I/b. Mr. Jitendra B. Mishra for applicant/intervener. ---- CORAM : K.R.SHRIRAM, J.

DATE : 10th AUGUST 2018 P.C.:

Mr. Mishra, counsel for applicant relies on paragraph 10 of the order dated 22nd January 2018 in support of this notice of motion. I have considered paragraph 10 of the order dated 22nd January 2018 and that order also is passed by me. The words "........... and may file a claim for the same against the sale proceeds lying in this Court" means file a suit and get a decree. There is no suit filed yet and what applicant is seeking is decree without filing a suit. That is not permissible. Therefore, notice of motion dismissed with liberty to file a suit. All rights and contentions of defendant, if any, are kept open. Digitally signed by Gauri Amit Gaekwad Date:

2018.08.14 16:12:31 +0530 Gauri Amit Gaekwad (K.R. SHRIRAM, J.) Gauri Gaekwad