Proactive Ship Management Pvt Ltd v. The Owners And Parties Interested In The Vessel Green Ocean I And ANR
IA No. GA-Com 1 of 2023 APOT No. 457 of 2023 with AS No. 6 of 2023
IN THE HIGH COURT AT CALCUTTA
In appeal from its ADMIRALTY JURISDICTION CIVIL APPELLATE JURISDICTION (Commercial Division) Proactive Ship Management Pvt. Ltd.
Versus
The Owners And Parties interested in the Vessel Green Ocean I & Anr.
Before:
The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 3rd January 2024 Appearance:
Mr. Swatarup Banerjee, Advocate Mr. Shouveek Ray, Advocate Mr. Shariful Haque, Advocate Mr. Niket Ojha, Advocate for the appellant Mr. Reetobroto Kr. Mitra, Advocate Mr. Rudrajit Sarkar, Advocate Mr. Debangshu Dinda, Advocate Mr. Varun Kothari, Advocate Ms. Vansikha Newar, Advocate for the respondent The Court: Order in terms of prayer (a) of the stay petition. We propose to dispose of the appeal today itself dispensing with all formalities.
Mr. Reetobroto Mitra, learned advocate for the ship owner assures the court that the vessel in question Green Ocean I, which is registered in India would be plying within Indian territorial waters in the islands under the Andaman And Nicobar administration. The said administration including the port, customs and other statutory authorities are directed to ensure that the vessel plies within the above area.
Learned counsel also assures the court that no third party interest would be created in respect of the said vessel. The point that the suit ought to be dismissed on the grounds mentioned in Order VII Rule 11 of the Civil Procedure Code is kept open to be decided at the appropriate stage.
Any future liability incurred in respect of the said vessel would abide by the judgment and decree to be passed in the suit. We feel on the above condition the suit and any interim application in support thereof may proceed before the learned single judge. Any observations made by us are to be taken as tentative only. The appeal (APOT 457 of 2003) and the connected application (GA-Com 1 of 2023) are disposed of.
(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) R. Bose