Captain Pradip Kumar De Rank-Master And 2 ORS v. M.V. Sulawesi-Ii And ANR

949 nms 120 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION NOTICE OF MOTION NO.120 OF 2019 IN ADMIRALTY SUIT NO.51 OF 2014 Captain Pradip Kumar De and Ors.

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Plaintiffs versus m.

v. Sulawesi - II and Anr.

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Defendants Mr. Arnab Ghosh, for Plaintiff/Applicant in support. CORAM: S.J. KATHAWALLA, J.

DATE: 11 th FEBRUARY, 2019 P.C.:

1.

Perused the Notice of Motion and the Affidavit in support thereto. Also perused the Orders dated 12 th December, 2014 passed in Notice of Motion (L) No.1888 of 2014 and 29 th June, 2018. It is clarified that since the Defendants had deposited an amount of Rs.8 Lakhs with the Prothonotary and Senior Master of this Court and the amount decreed by an order dated 29 th June, 2018 is more than the amount presently lying with the Prothonotary and Senior Master, the Registry is directed to deduct appropriate amounts as per the calculations given in the Affidavit of Captain Pradip Kumar De in support of the Notice of Motion filed by the Plaintiff and remit the amounts to Plaintiff Nos.1 and 2. The Registry is further directed to remit the remaining amounts (if any) to Plaintiff Nos.1 and 2 equally. It is also directed that the taxes payable towards the amounts remitted to Plaintiff Nos.1 and 2 shall be ssp 1/2

949 nms 120 of 2019.doc deducted at source.

2.

The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2