Smit Singapore Pte. Ltd. v. M.V. Khalija And Others.

nms 2853 of 2016 (956).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION NOTICE OF MOTION NO.2853 OF 2016 IN ADMIRALTY SUIT NO.48 OF 2010 Smit Singapore Pte Ltd.

...

Applicant/Plaintiff versus M.

V.Khalija and ors.

...

Defendants Mr. A.M.

Vernekar, for Capt. S.H.Gawandi.

Mr. Bimal Rajsekhar i/by Mr. Ashwin Shankar, for Intervener. Mr. Rahul Narichania, Senior Advocate with Mr. Arjun Mittal i/by M/s. Bose and Mitra and Co., for Plaintiff.

Mr. Ajay Fernandes i/by M/s. Motiwala and Co., for Defendant No.3. CORAM: S.J. KATHAWALLA, J.

DATE: 15th DECEMBER, 2016 P.C.:

1.

Heard the learned Advocates for the parties and by consent, the Notice of Motion is allowed in terms of prayer clause (a), which is reproduced hereunder : "(a)For an order and direction that the Sheriff shall send 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 Court Rules stating inter alia that any person having a claim against the property of the Defendant No.3 Vessel or Sale proceeds thereof should file his claim before this 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;" ssp 1/2

nms 2853 of 2016 (956).sxw 2.

The advertisement may be placed in terms of the draft tendered, which is taken on record and marked 'X' for identification.

3.

As far as prayer clause (b) is concerned, liberty is granted to the Plaintiff to take out a fresh Application seeking prayer clause (b). The Notice of Motion is accordingly disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2