Bombay High Court
M. V. Golden Pride vs Gac Shipping (India) Pvt. Ltd on 4 January, 2021
Author: B.P. Colabawalla
Bench: B.P. Colabawalla
(901)IAL10127.20_COMASL6807.20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY & VICE ADMIRALTY JURISDICTION
INTERIM APPLICATION (L) NO. 10127 OF 2020
IN
COM. ADMIRALTY SUIT (L) NO. 6807 OF 2020
M.V. Golden Pride ... Applicant
In the matter between:
GAC Shipping (India) Pvt. Ltd. ... Plaintiff
Vs
M.V. Golden Pride ... Defendant
ALONGWITH
SHERIFF'S REPORT NO. 1 OF 2021
IN
COM. ADMIRALTY SUIT (L) NO. 6087 OF 2020
GAC Shipping (India) Pvt. Ltd. ... Plaintiff
Vs
M.V. Golden Pride ... Defendant
Mr. Arnab Ghosh i/b Gayatri Nayak for the Applicant/Original
Defendant No.1.
Mr. Bimal Rajshekhar for the Plaintiff.
Ms. Sneha Pandey i/b Motiwalla & Co. for the Defendant No.2.
Mr. Vishal Sheth for the Auction-purchaser..
Mr. D.S. Choudhari, Deputy Sheriff present.
Mr. Khairol Jabbar, Constituted Attorney of the Applicant
present.
SR Pasha, Sr PS Page 1 of 3
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(901)IAL10127.20_COMASL6807.20.doc
CORAM : B.P. COLABAWALLA, J.
MONDAY, 04TH JANUARY, 2021 P.C. :
1 The above Interim Application is fled seeking to recall the order passed by this Court on 18 th December, 2020 as well as two orders dated 22nd December, 2020, one in Interim, Application (L) No. 8874 of 2020 and the other in Sheriff's Report No. 69 of 2020. After this matter was argued for sometime, the learned advocate appearing on behalf of the applicant/owners of the defendant-vessel, on instructions of Mr. Khairol Jabbar, the Constituted Attorney of the applicant/owners of the defendant-vessel, seeks leave to unconditionally withdraw the above Interim Application.
2 In these circumstances, the above Interim Application is dismissed as withdrawn.
3 Considering that the entire sale consideration of Rs.2.25 crores has already been deposited by the auction-
purchaser on 28th December, 2020 in the Offce of the Sheriff of Mumbai, the Offce of the Prothonotary & Senior Master is SR Pasha, Sr PS Page 2 of 3 ::: Uploaded on - 05/01/2021 ::: Downloaded on - 06/02/2021 15:07:50 ::: (901)IAL10127.20_COMASL6807.20.doc directed to forthwith issue the Bill of Sale in favour of M/s. Rajnish Steels in terms of the order dated 22 nd December, 2020, passed in Sheriff's Report No. 69 of 2020. 4 It is further directed that the existing three crew members on-board the defendant-vessel shall be disembarked. If they have any claim for their wages etc., the same can be made against the sale proceeds of the defendant-vessel. For the purposes of their disembarkation, if the Sheriff of Mumbai requires any police protection, the concerned Police Station shall give all necessary assistance to ensure compliance of this order. 5 The Interim Application as well as Sheriff's Report No.1 of 2021 are disposed of accordingly. 6 This order shall be digitally signed by the Private Secretary/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.
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