Calcutta High Court
Purti Vanaspati Pvt. Ltd vs The Owners And Parties Interested In The on 16 August, 2016
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.2070 of 2016
With
A.S.No.2 of 2016
IN THE HIGH COURT AT CALCUTTA
Admiralty Jurisdiction
ORIGINAL SIDE
PURTI VANASPATI PVT. LTD.
Versus
THE OWNERS AND PARTIES INTERESTED IN THE
VESSEL M.T. FENG HAI 21
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 16th August, 2016.
Mr.K. Thaker, Mr. Anurag Bagaria, Advocates for the
plaintiff.
Mr. Soumabho Ghose, Mr. Partho Basu, Mr. S. Prosad,
Advocates for the owner of the vessel.
The Court : This application is in the nature of appointment of a
Commissioner to examine the engine turbo charger and other documents. During the
pendency of the proceeding the engine turbo charger was removed and the same is
not in the custody of the respondent. This Court has permitted the said ship to
sail subject to furnishing securities. The defendant has agreed to furnish security without prejudice to their rights and contentions in the suit.
Considering the fact that the ship is permitted to sail, the log books and records which are kept in the vessel engine room would be of some importance and may require at the trial of the suit and would not be easily available to the plaintiff during the trial. The Marshall of this Court shall in presence of the Master of the vessel make copies of the engine log, desk log, spare and maintenance log, if any, duly countersigned by the Master of the vessel and shall deposit the said documents in a sealed envelope with the 2 Registrar, High Court, Original Side who shall keep the said documents in a safe custody. The costs, charges and expenses shall be borne by the plaintiff at the first instance. The entire exercise shall be completed within three days from date.
G.A.2070 of 2016 stands disposed of accordingly.
(SOUMEN SEN, J.) pa