Madison Pacific Trust Ltd v. M.V.Garv Prem And 3 Others

919-NMS2782-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2782 OF 2016 IN ADMIRALTY SUIT NO. 18 OF 2016 Madison Pacific Trust Limited ...Plaintiffs

Versus

M.

V. Garv Prem & 3 Others ...Defendants Mr. Nimay Dave, i/b Bose & Mitra & Co., for the Plaintiffs. Mr. Bimal Rajasekhar, for Defendant No. 4.

CORAM: G.S. PATEL, J DATED:

13th January 2017 PC:- 1.

This is the Plaintiff's Notice of Motion under Rule 951 of the Bombay High Court (Original Side) Rules.

2.

Heard the learned Advocates for the parties and by consent, the Notice of Motion is allowed in terms of prayer clause (a), which reads thus:

"(a) For an order and direction that the Sheriff shall sent for publication in such newspapers as the Court may direct, a notice complying with the provisions of Sub-rule 951(3) of the Bombay High 13th January 2017

919-NMS2782-16.DOC Court Rules stating, inter alia, that any person having a claim against the property of the Defendant No. 1 Vessel or Sale Proceeds thereof should file his claim before this Hon'ble Court before the expiration of ninety (90) days or such other period as the Court may specify from the date of such Notice and that an order of priority of claims shall not be determined until after the expiration of the said period."

3.

The Notice may be placed in terms of the draft tendered, which is taken on record and marked "X" for identification. The Defendant No. 4 has no objection to the issuance of the notice. 4.

Publication of this Notice shall be made by the Sheriff of Bombay in two newspapers, namely, Free Press Journal (English) and Navshakti (Marathi). The Prothonotary & Senior Master, High Court, Bombay is directed to incur the charges of publication and make the payment to the advertisement agency, namely, M/s. Eureka Advertising Agency directly. The Notice will also be published in the 'classifieds' section of the online or web edition of TradeWinds, an industry publication. Since that payment may have to be made in foreign currency, the Plaintiffs will initially make that payment and will be entitled to apply for a reimbursement from the funds held by the Prothonotary & Senior Master. 5.

The Notice of Motion is disposed of in these terms. (G. S. PATEL, J.) 13th January 2017