Avtar Singh v. Osv Wilchief 1 (Imo 8304799)

1/2 JO200.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL JURISDICTION JUDGE'S ORDER NO.200 OF 2019 IN COMMERCIAL ADMIRALTY SUIT (L) NO.71 OF 2019 Avtar Singh )....Plaintiff V/s.

Osv Wilchief-1 (IMO 8304799) & Ors.

)....Defendants ---- Mr.Akshay Kolse Patil along with Mr.Anuj Dhowan i/by Bose & Mitra & Co. for plaintiff.

---- CORAM: K.R.SHRIRAM,J DATE : 17.10.2019 P.C.:- 1.

Not on board. Upon mentioning papers produced at 3.00 p.m.

2.

Heard Mr.Kolse Patil, counsel for plaintiff and also considered the plaint. Prima facie case for arrestof defendant no.1vessel is made out. 3.

The Judge's Order for arrest of defendant-vessel is signed separately. Also sighted the caveat register and there is no caveat against arrest of 1st defendant vessel as per the endorsement made today at 11.55 a.m. by the Section officer of the Execution KJ

2/2 JO200.19.doc Department.

4.

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. 5.

The undertaking of plaintiff's advocate that the warrant of arrest will be served upon the vessel, the Port and Customs Authorities within one week from today is accepted.

6.

After execution of warrant of arrest, if the arrested vessel is not released by furnishing security or bail amount within 15 days, or an application for vacating order of arrest is not filed, or vessel is found abandoned by the person in-charge of the vessel or owner or is found unmanned, in such an event, on application made by plaintiff, the office of Sheriff of Mumbai shall present Sheriff's report for auctioning vessel within seven days from the date of receiving communication from plaintiff's advocate or from the date of knowledge of abandonment of vessel.

7.

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