Allahabad Bank v. Mt Nu Shi Nalini ( Imo No.9619608)
1/2 JO-241-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION JUDGES ORDER NO.241 OF 2019 IN COMMERCIAL ADMIRALTY SUIT (L) NO.80 OF 2019 Allahabad Bank ....Plaintiff Vs.
M.T. NU SHI NALINI (IMO No.9619608) ....Defendant ---- Mr. Prathamesh Kamat a/w. Ms. Prerna Verma i/b. Ganesh and Company for plaintiff.
---- CORAM : K.R.SHRIRAM, J.
DATE : 16th DECEMBER 2019 P.C.:
Not on board. Upon mentioning taken on production board at 3.00 p.m.
Heard Mr. Kamat, counsel for plaintiff and also considered the plaint. Prima facie case for arrest of defendant vessel is made out. 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 defendant vessel as per the endorsement made today at 2.05 p.m. by the Section officer of the Execution Department. 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. Gauri Gaekwad
2/2 JO-241-2019.doc 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.
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. All to act on a copy of this order duly authenticated as true copy by the Associate of this Court.
(K.R. SHRIRAM, J.) Gauri Gaekwad