Cmog Fuel Dmcc v. Oss Altus Uber (Imo No. 9127318)

1/2 JO147.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ADMIRALTY & VICE ADMIRALTY JURISDICTION JUDGES ORDER NO.147 OF 2018 IN ADMIRALTY SUIT (L) NO.27 OF 2018 CMOG Fuel DMCC )....Plaintiff V/s.

OSS ALTUS UBER (IMO No.9127318) )....Defendant ---- Mr.V.K.Ramabhadran, senior advocate a/w Ms.Bulbul Singh Rajpurohit and Ms.Prachi Shah i/by Crawford Bayley and Company for plaintiff.

None for respondent.

---- CORAM : K.R.SHRIRAM,J DATE : 23.7.2018 P.C.:- 1.

Not on board. Mentioned. Papers produced.

2.

At the outset, Mr.Ramabhadran tenders draft amendment which is taken on record and marked `X' for identification. Leave to amend the plaint granted. Amendment to be carried out during the course of today.

At the outset, advocate for plaintiff personally undertakes to pay the required court fee within one week from today. Undertaking is accepted.

Heard counsel for plaintiff and also considered the plaint. Prima facie case for arrest of defendant vessel is made out. KJ

2/2 JO147.18.doc The Judges' order for arrest of defendant-vessel is signed separately. Also sighted the caveat register and there is no caveat against arrest of defendant-vessel.

Plaintiff is at liberty to forward a copy of the communication from the Sheriff of Mumbai forwarding this order by fax/Email/hand delivery/RPAD to Port and Customs Authorities. The undertaking of Plaintiff's advocate that the warrant of arrest will be served upon the Master, the Port and Customs Authorities within one week from today is accepted. All to act on a copy of this order duly authenticated as true copy by the Associate of this court.

(K.R.SHRIRAM,J) KJ