International Ship Repair Fze v. M. V. Maharshi Vishwamitra And 3 ORS

1/2 JO-208-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION JUDGE'S ORDER NO.208 OF 2017 IN COMMERCIAL ADMIRALTY SUIT (L) NO.527 OF 2017 International Ship Repair FZE ....Plaintiff Vs.

m.v. MAHARSHI VISHWAMITRA & Ors.

....Defendants ---- Mr. Vishal Sheth a/w. Ms. Sanjana Chandrasekhar i/b. Mr. Bimal Rajasekhar for applicant/plaintiff.

None for defendants.

---- CORAM : K.R.SHRIRAM, J.

DATE : 19th SEPTEMBER, 2017 P.C.:

Not on board. Papers produced at 11 a.m.

At the outset, counsel for plaintiff tenders certain documents with page numbers written therein and prays for leave to amend the plaint to include those documents.

The compilation is taken on record and marked 'X' for identification. Leave to amend granted. Amendment to be carried out within one week from today.

Heard the counsel for plaintiff. Prima facie case is made out. Judges order is signed separately.

Gauri Gaekwad

2/2 JO-208-2017.doc In the event of defendant depositing in this Court a sum of US$ 245,000 plus 1% poundage on the said amount or if defendant gives a bank guarantee in the sum of US$ 245,000 plus interest thereon at the rate of 1% per annum thereon from the date of the suit until payment/ realization plus 1% on principal amount of US$ 245,000 towards Sheriff's poundage, the warrant of arrest shall not be executed against the first defendant-vessel.

Plaintiff is at liberty to serve this order as well as the warrant of arrest upon first defendant-vessel and the Port/Customs authorities. All to act on a copy of this order duly authenticated by the Associate of this Court.

Warrant of arrest to be served upon first defendant-vessel and the Port/Customs authorities latest by 25th September, 2017. (K.R. SHRIRAM, J.) Gauri Gaekwad