Monjasa v. MV Bao (Ex-Name MV Bao XIN)(IMO-8316429)
2016-02-22
N.V ANJARIA
body2016
DigiLaw.ai
ORDER N.V ANJARIA, J. By order dated 18th February, 2016 while issuing Notice in the captioned Suit, the defendant-vessel MV BAO (Ex-Name MV BAO XIN) (IMO 8316429) was ordered to be arrested and the returnable date was 25th February, 2016. Before the arrival of returnable date, Suit was mentioned today at 11.00 a.m by learned Advocate for the defendant Mr. Manav Mehta, to submit that the defendant was offering a security to the satisfaction of the plaintiff so that the arrest order may be vacated by getting the Suit notified. Accordingly office was directed to prepare a board and notify the Suit. The same was taken up in the second half. 2. Learned Advocate for the defendant Mr. Manav Mehta files a Purshish dated 22nd February, 2016 signed under his signature. The Purshish reads as under. “As per the order dated 18.02.2016 passed by this Hon'ble Court directing to arrest the defendant Vessel M.V BAO presently lying at Alang, the vessel has been taken under arrest in pursuance of the said order and presently under arrest. Novatic Trading FZE being the purchaser of the defendant vessel seeks to enter appearance and put security by way of a pay Order drawn in favor of the Registrar, High Court of Gujarat for a sum of Rs. 1,00,50,000/- which amount includes the Plaintiff's suit claim and interest at the rate of 3% per month from 18.02.2016 till the date of deposit. The amount is deposited without prejudice to their rights and contentions of the defendant to contest the claim on merits. In that view of the matter, appropriate order may be passed permitting the defendant to enter appearance and tender security by way of Demand Draft bearing no. 227824 drawn by ICICI Bank for Rs. 1,00,50,000/- in favour of Registrar, Gujarat High Court without prejudice to their rights and contentions. The Registry may be directed to accept the security and thereupon issue warrant for release of the Defendant vessel forthwith arrested in pursuance of the order dated 18.02.2016. The defendant vessel may be permitted to sail and appropriate directions may be given to Port Authorities and Customs at Alang to release the vessel from arrest. The defendant may be permitted to serve the order of release upon the authorities by fax/email and the authorities may be directed to act upon the same and release the vessel.” 3.
The defendant vessel may be permitted to sail and appropriate directions may be given to Port Authorities and Customs at Alang to release the vessel from arrest. The defendant may be permitted to serve the order of release upon the authorities by fax/email and the authorities may be directed to act upon the same and release the vessel.” 3. A Demand Draft bearing No. 227824 drawn on ICICI Bank for Rs. 01,00,50,000/- in favour of Registrar, Gujarat High Court was tendered, the same may be deposited with the Registry, Gujarat High Court. Registry shall accept the same. 4. In view of the aforesaid security furnished, while technically the arrest order will remain, defendant vessel MV BAO (Ex-Name MV BAO XIN) (IMO 8316429) may sail away and the order of arrest is lifted to that extent. The aforesaid furnishing of security by way of deposit of amount is to be treated as without prejudice to the rights and contentions of the parties and it will not come in way of the defendant to contest the Suit on merits. 5. It is open for the learned Advocate of the defendant to communicate the above order by fax message/Email at their own cost and the authorities are directed to act on fax/Email message with ordinary copy of the order forwarded with forwarding letter of the learned Advocate of the defendant. 6. Suit may be listed on 23rd March, 2016. 7. Direct service is permitted, today.