Mac Impex vs Msc Beijing ( Imo No 9289099 ) on 1 October, 2018

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Gujarat High Court

Mac Impex vs Msc Beijing ( Imo No 9289099 ) on 1 October, 2018

Bench: R.M.Chhaya

         C/AS/39/2018                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/ADMIRALITY SUIT NO. 39 of 2018

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                                 MAC IMPEX
                                   Versus
                        MSC BEIJING ( IMO NO 9289099 )
==========================================================
Appearance:
MR. JAIMIN R DAVE(7022) for the PETITIONER(s) No. 1
MR DHAVAL D VYAS(3225) for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                               Date : 01/10/2018

                                ORAL ORDER

1. Mr. Dhaval Vyas, learned advocate mentioned the matter for circulation of Admiralty Suit No. 39 of 2018.

2. Considering the urgency, the suit was ordered to be listed at 1.30 p.m.

3. Heard Mr. Jaimin Dave, learned advocate appearing for the plaintiff and Mr. Dhaval Vyas, learned advocate appearing for the defendant.

4. Mr. Dhaval Vyas, learned advocate for the defendant states that the Vakalatnama shall be filed today. Registry shall take the same on record.

5. By an order dated 29.09.2018, this Court has passed the order of arrest of the defendant.

Page 1 of 3 C/AS/39/2018 ORDER

6. Mr. Vyas, learned advocate appearing for the defendant submitted that he has to enter his appearance in the suit on behalf of the defendant and defendant is ready and willing to make deposit of the claim amount along with interest till today and on such deposit made in the name of the Registrar of this Court, the order of arrest be vacated forthwith.

7. Mr. Dave, learned advocate appearing for the plaintiff submitted that the on deposit of full amount by the defendant, this Court may pass appropriate order for vacation of order of arrest.

8. Mr. Vyas, learned advocate for the defendant has produced photo copy of the two pay orders in the name of the Registrar of the High Court of Gujarat, Ahmedabad. One pay order is Rs. 7,348,086/ (Rupees Seven million three hundred forty eight thousand eighty six only) and another pay order is Rs. 11,222/ (Rupees Eleven thousand two hundred twenty two only).

9. Registry is hereby directed to accept both the aforesaid pay orders and on same being deposited, the order of arrest dated 29.09.2018 stands vacated.

10. On deposit being made as above, the order of arrest dated 29.09.2018 shall stand vacated. The defendant is at liberty to inform about this order by Fax or Email on its own cost.

Page 2 of 3 C/AS/39/2018 ORDER

11. The amount deposited shall be invested in a Nationalized Bank as per the practice.

12. The deposit of the aforesaid amount as security is without prejudice and rights of all the parties.

Direct service today is permitted.

(R.M.CHHAYA, J) SALIM/ Page 3 of 3

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Gujarat High Court