Osterreichischer Lloyd Seereederei v. Victore Ships Pvt Ltd

30.CARBP.398.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.398 OF 2025 Osterreichischer Lloyd Seereederei .... Petitioner

Versus

Victore Ships Pvt. Ltd.

....Respondent WITH INTERIM APPLICATION (L) NO.28906 OF 2024 IN COMMERCIAL ARBITRATION PETITION NO.398 OF 2025 WITH CONTEMPT PETITION (L) NO.29255 OF 2024 IN COMMERCIAL ARBITRATION PETITION NO.398 OF 2025 Mr. Prathamesh Kamat a/w. Arpeeta Panvalkar i/b Renata Partners, Advocates for Petitioner.

None for the Respondent.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JUNE 16, 2025 ORDER :

1.

By an Order dated September 5, 2024, Learned Single Judge of this Court had directed a disclosure by the Respondent in terms of prayer clause (j). It is stated by Learned Counsel for the Petitioner that such disclosure affidavit has been filed and the order has been complied with.

Digitally signed by AARTI GAJANAN PALKAR Date:

2025.06.18 17:44:53 +0530 AARTI GAJANAN PALKAR June 16, 2025 Aarti Palkar

30.CARBP.398.2025.doc 2.

It is also seen from the record that on September 12, 2024, a statement had been made on behalf of the Respondent, based on instructions from his clients, that the Respondent would not take any precipitate action i.e. render the award redundant by dissipating the assets. Such statement has continued from time to time. 3.

Today none appears for the Respondent.

4.

Learned Counsel for the Petitioner fairly states that the Respondent had indicated on an earlier occasion that an objection on maintainability would be raised by them, and merely because the Respondent is not present today, it would not be appropriate to proceed ex-parte with further reliefs in the matter. Taking this fair approach into account, it would be appropriate to stand over this matter to June 30, 2025 to enable the Respondent to present his say. The statement that has operated until today shall continue until the next date.

5.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] June 16, 2025 Aarti Palkar