Abs Anokhi v. Halul Offshore Services Company

19-IA3354-19INCOMAS61-21.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY & VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3354 OF 2021 IN COMM ADMIRALTY SUIT NO. 61 OF 2021 Halul Offshore Services Company ...Plaintiff

Versus

ABS Anokhi ...Defendant Mr. Prashant Pratap, Senior Advocate, a/w Nishaan Shetty, i/b Kaushik Krishnaswamy, for the Plaintiff.

Mr. Abhimanyu Singh, i/b S. Priya, for the Defendant. SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2022.04.13 11:22:10 +0530

CORAM:

N. J. JAMADAR, J.

DATED :

12th APRIL, 2022 PC:- 1.

Heard the learned Counsels for the parties.

2.

Mr. Pratap, the learned Senior Counsel for the plaintiff, submits that the parties have already invoked the international commercial arbitration. This fact is borne out by the averments in paragraph 4 of the application. Instant application is seeking condonation of delay in filing the written statement. 3.

Mr. Pratap, the learned Senior Counsel for the plaintiff, submits that the plaintiff has no objection to condone the delay and take the written statement on record. However, in view of the fact that the arbitration is underway, the suit be stayed and 1/2

19-IA3354-19INCOMAS61-21.DOC the amount of security deposited by the defendant pursuant to the the order dated 23th August, 2021, be retained in the Court in terms of paragraph 5, which reads as under: "5.

The amount of Rs.8,68,70,709.00 deposited by the Defendant shall be invested by the Prothonotary & Senior Master, High Court, Bombay, in a fixed deposit initially for a period 6 weeks to be renewed thereafter from time to time subject to further orders of the Court."

4.

The learned Counsel for the defendant submits that he is not averse to the aforesaid proposition.

5.

In view of the aforesaid submissions, in order to advance the cause of substantive justice, the delay in filing the written statement stands condoned.

6.

The defendant is permitted to file the written statement. The written statement be taken on record.

7.

In view of the pendency of the arbitration proceedings, the suit stands stayed and the amount deposited by the defendant be retained in the Court in conformity with the directions in paragraph 5 extracted above, and subject to the outcome of the arbitral proceedings.

8.

Interim application stands disposed.

[N. J. JAMADAR, J.] 2/2