Westfield Subsea Limited Nigeria v. Yyz Maritime Management And Consultancy Sdn Bhd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION INTERIM APPLICATION NO. 7161 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 41 OF 2025 Westfield Subsea Limited ...Applicant V/s.

YYZ Maritime Management and Consultancy SDN BHD...Defendant Ms. Bulbul Singh Rajpurohit with Mr. Siddharth Manek, Mr. Heetkumar Vacchani, Mr. Chaitanya Tendulkar and Ms. Benaifer D'Souza i/b Crawford Bayley and Co. for the Applicant in IA 7161/25 and for the Defendant in COMAS.

Ms. Sneha Goud with Mr. Shushrut Devadiga i/b Bose & Mitra & Co. for the Plaintiff.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th NOVEMBER, 2025 P.C. :

1.

When the matter is called out, the learned Counsel appearing in the matter submit that the bank guarantee as agreed between the parties has been issued by the IDFC First Bank Limited and that once the same is submitted to the learned Prothonotary & Senior Master, this Court may direct release of the Defendant No.1-Vessel against the security of the said bank guarantee as earlier Rs. 6 crs deposited on behalf of the Defendant have been withdrawn and with furnishing of this bank guarantee, the balance amount of the claim of the Plaintiff would also be secured.

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2.

It is observed that there is an endorsement in the Caveat Register that there is no caveat against release of the Defendant Vessel filed in the Registry on the basis of the inspection taken by the Advocate for the Defendant. The Prothonotary & Senior Master's office has also issued a certificate in this regard, which has been signed by the Section Officer of the Execution Department at 10.58 am today. 3.

Accordingly, having heard the learned Counsel and having considered the aforesaid, on the basis of the above, this Court allows release of the Defendant No.1-Vessel and is hereby ordered and directed that the Defendant No.1-Vessel be released from arrest immediately upon the registered owner depositing the bank guarantee with the learned Prothonotary & Senior Master, High Court, Bombay. 4.

The learned Prothonotary & Senior Master, High Court, Bombay to accept the bank guarantee and at the request of the Defendant Vessel's Advocate, issue communication to the Advocates for the parties confirming receipt of the above bank guarantee as security pursuant to this order.

5.

Formal instrument of release is dispensed with. 2/3

6.

The Sheriff of Mumbai is directed to take all necessary steps for the release of the Defendant No.1-Vessel and to address communication required to the relevant Port and Customs Authorities, upon being satisfied that the above bank guarantee has been deposited with the Prothonotary & Senior Master, High Court, Bombay. 7.

This order is passed without prejudice to the rights and contentions of the parties in the Suit.

8.

The Advocate for the Defendant No.1-Vessel is at liberty to communicate a copy of this order to the office of the Sheriff and to all port authorities, customs officers, coast guard, etc. by email, hand delivery or fax.

9.

The Prothonotary & Senior Master, Office of the Sheriff of Mumbai, Port, Custom and all other authorities at the Mumbai Port to act on a copy of this order duly authenticated by the learned Associate/Concerned Registrar of this Court.

10.

The earlier orders accordingly stand modified and the Interim Application to accordingly stand disposed.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.11.25 15:28:29 +0530 NIKITA YOGESH GADGIL 3/3