M/ Arctos Shipping Co Ltd. v. M/S. Fal Shipping Co. Ltd.

by JITENDRA SHANKAR NIJASURE Date: 2021.10.11 12:17:24 +0530 JITENDRA SHANKAR NIJASURE 49-chs-109-2015.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.109 OF 2015 IN EXECUTION APPLICATION NO. 455 OF 2015 Arctos Shipping Company Ltd.

...Petitioner /

Award Holder

Versus

Fal Shipping Company Ltd.

...Respondent /

Award Debtors.

---------- Ms. Damayanti Sen i/b. Bose & Mitra & Co. for the Applicant / Petitioner.

---------- CORAM :

R.I. CHAGLA J.

DATE :

7 OCTOBER, 2021 ORDER :

1.

The learned Advocate appearing for the Award Holder states that by an order dated 17th September, 2018 it was recorded that pursuant to two orders dated 11th September, 2017, the Prothonotary and Senior Master had invoked the two bank guarantees dated 27th November, 2012 for US$ 167,846 and dated 15th April, 2014 US$ 11,168. These 1/2

49-chs-109-2015.doc amounts were received and transferred by subsequent order dated 19th January, 2018 to the credit of the Admiralty Suit which was disposed of on that date. It is stated by the learned Advocate for the Petitioner / Decree Holder that the amounts of the bank guarantees have been received by the Petitioner / Award Holder and thus nothing remains in the Execution Application. Accordingly, she seeks to withdraw the Chamber Summons No.109 of 2015.

2.

In view thereof, the Chamber Summons No.109 of 2015 in Execution Application No.455 of 2015 is disposed of as withdrawn.

[R.I. CHAGLA J.] 2/2