Mitsui O.S.K.Lines Ltd. v. Orient Ship Agency Private Limited

11.1306.15-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1306/2015 IN ARBITRATION PETITION NO.156/2002 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Yogesh Patki a/w. Mr. Parikshit Barpujari i/b. Mulla & Mulla & CBC for the applicant Mr. Chirag Balsara a/w. pooja Kshirsagar, Sauma Brijmohan i/b. M/s. Kartikeya & Associates for the respondent CORAM : K. K. TATED, J.

DATE : FEBRUARY 10, 2016 P.C.:

1.

Heard. The learned counsel for the Respondent No.1 submits that they have no objection if the Chamber Summons is allowed in terms of prayer clause (a) in view of the Affidavitin-Reply dated 14/01/2016 filed by Mr. V. N. Sankhe, Assistant Commissioner of Customs (Export), Nhava Sheva, particularly paragraph 2 thereof.

2.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the affidavit in support of the chamber Basavraj G Patil 1/2

11.1306.15-chs summons, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons.

3.

Hence, the following order:

a) Chamber Summons is allowed in terms of prayer clause (a) which read thus:

"(a) that this Hon'ble Court be pleased to order and direct that the bank guarantee No.3527 (520003456) dated 10th December 2002 (exhibit - D hereto) be cancelled forthwith. "

b) Chamber Summons stands disposed off accordingly.

c) No order as to costs.

JUDGE Basavraj G Patil 2/2