Kreuz Subsea Pte. Ltd. v. Awb Gal Constructor (Imo No.8758574)

1/7

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.1 OF 2019 WITH JUDGE'S ORDER NO.197 OF 2019 WITH COMMERCIAL NOTICE OF MOTION NO.1781 OF 2019 IN COMMERCIAL ADMIRALTY SUIT NO.27 OF 2019 Kreuz Subsea Pte Ltd.

....Plaintiff Vs.

AWB GAL Constructor (IMO No.8758574) ....Defendant ---- Mr. Prashant Pratap, senior advocate a/w. Ms. Simantini Mohite, Mr. Nirav Shroff and Ms. Megharanjani Chandu i/b. Crawford Bayley and Company for plaintiff.

Mr. Rahul Narichania, senior advocate a/w. Ms. Varsha Ramann and Mr. Avik Sarkar i/b. Kamal and Company for defendant. Mr. Santosh Mishra i/b. Kochhar and Company for Afcons Infrastructure Limited (Performa respondent in IA/1/2019).

Mr. Tanmay Nandi, General Manager of Afcons Infrastructure Limited present.

---- CORAM : K.R.SHRIRAM, J.

DATE : 22nd OCTOBER 2019 P.C.:

Parties have entered into consent minutes of order dated 22nd October 2019. The consent minutes of order signed by advocates representing plaintiff and defendant is taken on record and marked "X" for identification.

Order in terms of the consent minutes of order. All undertakings are accepted.

2/7 For ease of reference, the consent minutes of order is scanned and reproduced hereinbelow :

3/7

4/7

5/7 Affidavit of Mr. Rajiv Agarwal, Director of Tirupati Vessel Pvt. Ltd., owners of defendant vessel, affirmed on 22nd October 2019 is taken on record. All undertakings in the said affidavit are also accepted.

6/7 Afcons Infrastructure Limited has also filed an affidavit of one Tanmay Nandi affirmed on 22nd October 2019 containing various undertakings. Those undertakings are also accepted. Mr. Mishra, on instructions, undertakes that the Director of Afcons Infrastructure Limited will file a separate affidavit reproducing the undertakings already contained in the affidavit of Mr. Tanmay Nandi and this affidavit shall be affirmed and copy served by 25th October 2019. Undertaking and the undertakings to be contained in the said affidavit are also accepted.

All rights and contentions of plaintiff and defendant are kept open. Undertaking of Mr. Mishra that M/s. Kochhar and Company will file Vakalatnama on behalf of Afcons Infrastructure Limited in this interim application by 25th October 2019 is also accepted. Afcons Infrastructure Limited will file Vakalatnama as a formal respondent in this interim application.

Though the defendant vessel remains under arrest, by way of abundant caution, the Court Master/Associate has checked the caveat book against release and I am informed that there is no caveat against release of defendant vessel.

In view of the undertakings given, notwithstanding the fact that defendant vessel is still under arrest, defendant vessel is allowed to sail to

7/7 the extent as mentioned in the order above.

This interim application stands disposed. Liberty to apply. All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)