Kpi Bridge Oil Ltd. v. M. V. Esi Anax (Imo 9214587)

1/2 JO-216-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION JUDGE'S ORDER NO.216 OF 2017 IN COMMERCIAL SUIT (L) NO.543 OF 2017 KPI Bridge Oil Limited ....Plaintiff Vs.

m.v. ESI ANAX ....Defendant ---- Mr. Zarir Bharucha a/w. Mr. Shivam Singh i/b. Mr. Bimal Rajasekhar for applicant/plaintiff.

None for defendant.

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

DATE : 25th SEPTEMBER, 2017 P.C.:

Not on board. Papers produced at 3.00 p.m.

Mr. Bharucha, counsel for plaintiff states that the defendant vessel is within territorial waters of India and she is scheduled to berth at Mumbai Port shortly.

Prima facie case is made out. Judges order is signed separately. In the event of defendant depositing in this Court a sum of US$155,524.08 plus 1% poundage on the said amount or if defendant gives a bank guarantee in the sum of US$155,524.08 plus interest thereon at the rate of 36% per annum thereon from the date of the suit until payment/ realization plus 1% on principal amount of US$155,524.08 towards Sheriff's poundage, the warrant of arrest shall not be executed against the vessel.

Gauri Gaekwad

2/2 JO-216-2017.doc Plaintiff is at liberty to serve this order as well as the warrant of arrest upon 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 defendant vessel and the Port/Customs authorities before 29th September, 2017. (K.R. SHRIRAM, J.) Gauri Gaekwad