Bombay High Court
M. V. Golden Pride vs Gac Shipping (India) Pvt. Ltd on 18 December, 2020
Author: B.P. Colabawalla
Bench: B.P. Colabawalla
1.ial.8874.2020.doC
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
Digitally
signed by
Dhanappa
Dhanappa I. Koshti
I. Koshti Date:
2020.12.18
17:05:37
+0530 INTERIM APPLICATION (L) NO. 8874 OF 2020
IN
COMMERCIAL ADMIRALTY SUIT (L) NO. 6807 OF 2020
m.v. GOLDEN PRIDE ...Applicant
In the matter between
GAC Shipping (I) Pvt. Ltd. ... Plaintiff
Vs
m.v. GOLDEN PRIDE ...Defendant.
Mr.Gauraj Shah a/w Mr. Kunal S. Gaikwad for the Applicant.
Ms. Ridhi Nyati i/b Bimal Rajshekhar for the Plaintiff.
Mr. Ajay Fernandes i/b Motiwala and Co. for MBPT
Mr. D.S.Chaudhari, Dy.Sheriff is present.
Mr. Khairol Jabbar, C.A. for the owner of the defendant -vessel is
present.
CORAM : B.P. COLABAWALLA, J.
DATE : 18TH DECEMBER, 2020 P.C. :
1 After this matter was argued for some time, the learned advocate appearing on behalf of the applicant / the owner of the defendant-vessel, on instructions of Mr. Khairol Jabbar who is the Constituted Attorney of the owner of the defendant -
vessel and who is present in court, has stated that they will furnish a Bank Guarantee in the sum of Rs.1,15,00,000/- (Rs. One Page 1 of 3
1.ial.8874.2020.doC Crore Fifteen Lakhs ) together with interest at the rate of 15 % p.a. from the date of furnishing of the bank guarantee till the date of its encashment, to secure the claim of the plaintiff. He submitted that the auction sale of the defendant - vessel is scheduled at 3.00 p.m. on 21st December, 2020. He requested that this auction sale be postponed by 24 hours to 3.00 p.m. on 22nd December, 2020 in order to enable him to furnish the Bank Guarantee as aforesaid.
2 In view of the aforesaid request, this Interim Application is stood over to 3.00 p.m. on 22nd December, 2020. It is made clear that the Bank Guarantee (to be furnished to secure the claim of the plaintiffs) shall clearly state that it is given for the sum of Rs.1,15,00,000/- together with interest @ 15 % p.a. from the date of furnishing of the bank guarantee till its encashment. Only a Bank Guarantee in this format will be accepted so as to ensure that the claim along with the interest is adequately secured.
3 Stand over to 22nd December, 2020 at 3.00 p.m. Page 2 of 3
1.ial.8874.2020.doC 4 This order shall be digitally signed by the Private Secretory /Personal Assistant of this Court. All concerned shall act on production by fax or e-mail of a digitally signed copy of this order.
(B.P. COLABAWALLA, J. ) Page 3 of 3