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Madras High CourtA/6162/2017allowed

National Bank Of Greece S A v. M/S.Infinity Shipping P L

2017-10-12Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 12TH DAY OF OCTOBER 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN A.No.6162 of 2017 & A.No.5452 of 2017 in C.S.No.637 of 2017 C.S.No.637 of 2017 M/s.Infinity Shipping Private Limited, 53-55, Rowther Chambers, IV Floor, Rajaji Salai, Chennai 600 001.

Rep.by its Managing Director, Mr.K.V.Ganesh, ... Plaintiff Vs Owners and parties interested in the Vessel M V THEOXENIA presently lying at the Port of Kakinada and is represented by its Master ... Defendant A.No.6162 of 2017 National Bank of Greece S.A., 86, Aiolou Street, Athens, Greece.

(Owners and parties interested in the Vessel M V THEOXENIA presently lying at the Port of Kakinada and is represented by its Master) Repesented by its power of Attorney Agent Mr.Anil Shamrao Jadhav. ...Applicant/Intervener -Vs1.M/s.Infinity Shipping Private Limited, 53-55, Rowther Chambers, IV Floor, Rajaji Salai, Chennai 600 001.

Rep.by its Managing Director, Mr.K.V.Ganesh ...Respondent No.1/Original Plaintiff

2.Owners and parties interested in the Vessel M V THEOXENIA presently lying at the Port of Kakinada and is represented by its Master ... Respondent No.2/Original Defendant Application praying that this Hon'ble Court be pleased to allow the Applicant/Intervenor to intervene in the said C.S.No.637/2017 as a party interested in the Respondent Vessel.

This application coming on this day before this court for hearing the court made the following order: A.No.6162 of 2017 has been filed, seeking permission to allow the applicant to intervene in the present suit in C.S.No.637 of 2017 as a party interested in the subject vessel.

2. The application has been filed by the National Bank of Greece S.A., 86, Aiolou Street, Athens, Greece, represented by its Power of Attorney Agent Mr. Anil Shamrao Jadhav.

3. In the affidavit filed in support of the said application, it had been stated that the applicant is an interested party in the proceedings. The proceedings are also for the sale of the vessel and naturally the intervenor, the applicant herein, has to seek permission of this Court to intervene in the proceedings. 4.

A Counter has been filed by the respondent/plaintiff. In the counter, it has been stated that the applicant herein has also challenged the

jurisdiction of this Court but had sought permission to intervene and participate in the judicial proceedings.

5. The question whether the applicant can participate in the judicial proceedings without submitting to the jurisdiction of this Court is a mute question and will be answered by both parties in the application, seeking sale of the vessel. National Bank of Greece 86, Aiolou Street, Athens, Greece. Rep.by its Power of Attorney Agent, Mr.Anil Shamrao Jadhav is permitted to intervene and join in the proceedings of the present suit. Application is allowed accordingly.

6. Learned counsel for the plaintiff shall also move A.No.5452 of 2017 for bringing vessel for sale. In the said application, the National Bank of Greece 86, Aiolou Street, Athens, Greece. Rep.by its Power of Attorney Agent, Mr.Anil Shamrao Jadhav is permitted to participate in the proceedings in A.No.6162 of 2017. The matter shall be listed to hear both parties on 26.10.2017.

sd/.C.V.K.J 12.10.2017 //Certified to be a true copy// Dated this the day of 2017. COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.