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Bombay High CourtCA/313/2018disposed off

The Board Of Trustees Of The Port Of Mumbai v. Gol Offshore Limited And L And T Infrastructure Finance Co.Ltd (Opponent)

2018-08-29Hon'Ble Shri Justice K.R. Shriram3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.312 OF 2018 COMPANY APPLICATION NO.313 OF 2018 IN COMPANY PETITION NO.756 OF 2014 The Board of Trustees of the Port of Mumbai)....Applicants

IN THE MATTER BETWEEN :

Export Import Bank of India )....Petitioner V/s.

GOL Offshore Limited (through the OL) )....Respondent And L & T Infrastructure Finance Co. Ltd.

)....Opponent WITH COMPANY APPLICATION NO.458 OF 2018 COMPANY APPLICATION NO.459 OF 2018 ---- Mr.Ajai Fernandes I/by Motiwalla and Co. for the applicants in CA 312/2018,CA313/2018, CA 314/2018 and CA 316/2018. Ms.Ishika Advani I/by M/s.Desai and Diwanji for applicant in CA No.458/2018 and CA 459/2018.

[Mr.Mahendhar Aithe-Company Prosecutor for OL present]. ---- CORAM : K.R.SHRIRAM,J DATE : 29.8.2018 P.C.:- COMPANY APPLICATION NO.312 OF 2018 COMPANY APPLICATION NO.313 OF 2018 1.

Ms.Advani instructed by M/s.Desai & Diwanji states that J.M.Financial Asset Reconstruction Company Limited (J.M.Financial) has been assigned the debt by L & T Infrastructure Finance Company Ltd. with respect to vessels Malaviya-18 and Malaviya-16 and her

2/3 clients are ready and willing to pay the amounts due to the applicants, as stated in the applications. Ms.Advani states that J.M.Financial has already taken out Applications being Company Application Nos.458 of 2018 and 459 of 2018 to be brought on record in these applications in place of L & T Infrastructure Company Ltd. MsAdvani also states that J.M.Financial has appointed an agency to man these two vessels and to maintain these two vessels. Ms.Advani states that an affidavit will be filed within one week to this effect along with copies of the manning agency agreement. Ms.Advani also states that before engaging manning agency, they had obtained permission from the court. Ms.

Advani states that the amounts as mentioned in the applications will be paid to the applicants within 3 days of receiving the details of the account to which the amounts have to be credited. Both Applications accordingly stand disposed. Mr.Fernandes for the applicants states that by 1.9.2018 the applicants will communicate to J.M.Financial, the account details. Ms.Advani states that J.M.Financial addressed communication to the applicants seeking account details much earlier, to which there has been no response. Therefore, it is made clear that if account details are not furnished by 1.9.2018, this order disposing these applications will stand recalled and the applications will stand dismissed without reference to the court.

3/3 COMPANY APPLICATION NO.458 OF 2018 COMPANY APPLICATION NO.459 OF 2018 In view of the above order passed in Company Application nos.312 of 2018 and 313 of 2018, these applications disposed. Digitally signed by Jahagirdar Kiran Ganesh Date:

2018.08.31 15:05:05 +0530 (K.R.SHRIRAM,J) Jahagirdar Kiran Ganesh