X Power Trading v. M V Zhong Gu Lin Yi Imo 9809215

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE-ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT NO. 6 OF 2024 X Power Trading ...Plaintiff V/s.

M V Zhong Gu Lin Yi IMO 9809215 ...Defendant WITH INTERIM APPLICATION NO. 3064 OF 2024 WITH INTERIM APPLICATION (L) NO. 14530 OF 2024 Mr. Dhruvs Gandhi with Mr. N. Bhatia and Mr. Heetkumar Uachhani i/b Crawford Bayley Co for Plaintiff in COMAS 6 of 24 and for Respondents in IAs.

Mr. Ruchir Goenka with Ms. Sneha Goud and Ms. Deeparshi Kapoor i/b Bose and Mitra and Co. for Defendant in Suit and for Applicant in IA 3064/24.

CORAM

:

ABHAY AHUJA, J.

DATE :

24th JANUARY, 2025 P.C. :

Interim Application (L) No. 14530 Of 2024 1.

At the outset, Mr. Goenka, learned Counsel appearing for the Defendant submits that this Interim Application is wrongly on board as Digitally signed by NIKITA YOGESH GADGIL Date:

2025.01.24 18:56:54 +0530 it has already been disposed of by order dated 3rd May, 2024. NIKITA YOGESH GADGIL 2.

Mr. Gandhi confirms the same.

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3.

Accordingly, Registry is directed to remove the said Application from board.

Interim Application No. 3064 of 2024.

4.

When the matter is called out, Mr. Gandhi, learned Counsel appearing for the Plaintiff submits that the matter be listed for framing of issues as the draft issues have already been exchanged between the parties.

5.

However, Mr. Goenka, learned Counsel appearing for the Defendant-Vessel owner submits that an Interim Application seeking vacation of the arrest order has been filed by the Defendant and that the said Application be heard first before the issues are framed. 6.

Mr. Gandhi seeks some time to file reply to the said Application submitting, however, that the said Application would involve considering evidence and that this Court consider framing of issues today.

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7.

Mr. Goenka, learned Counsel for the Defendant insists that the Application be heard first.

8.

Accordingly, let reply be filed to the said Application within a period of three weeks with copy to the others. Rejoinder by 5th March, 2025 thereafter with copy to the others. List the Interim Application No. 3064 of 2024 on 7th March, 2024.

(ABHAY AHUJA, J.) 3/3