Bombay High Court
San Marine Exports vs M.V. Cma Cgm Titus & Ors on 10 December, 2020
Author: B.P. Colabawalla
Bench: B.P. Colabawalla
(NOB)JOL8544.20_COMASL8540.20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by ADMIRALTY & VICE ADMIRALTY JURISDICTION
Dhanappa
Dhanappa I. Koshti
I. Koshti Date:
2020.12.10
18:09:27
JUDGE'S ORDER (L) NO. 8544 OF 2020
+0530
IN
COM. ADMIRALTY SUIT (L) NO. 8540 OF 2020
San Marine Exports ... Plaintiff
Vs
1 M.V. CMA CGM TITUS & Ors. ... Defendants
Mr. Akshay Kolse-Patil with Mr. Arnab Ghosh and Mr. Manoj
Khatri for the Plaintiff.
Mr. Osama Butt i/b Ganesh & Co. for the owners of the Defendant-
vessel.
IN CHAMBERS AT 04:30 P.M:
CORAM : B.P. COLABAWALLA, J.
THURSDAY, 10TH DECEMBER, 2020 P.C. :
1 Mentioned. Not on Board.
2 The above Judge's Order is moved on an urgent basis seeking arrest of the defendant-vessel M.V. CMA CM TITUS together with its hull, engine, gear, tackle, machinery, bunkers, apparel, plant, fxtures, equipment and all other appurtenances SR Pasha, Sr PS Page 1 of 3 (NOB)JOL8544.20_COMASL8540.20.doc presently lying at the Port and Harbour of Nhava Sheva within the territorial waters of India and within the Admiralty jurisdiction of this Court.
3 There is a Caveat fled against the arrest of the defendant-vessel and Mr. Osama Butt, the learned advocate, has appeared on behalf of the owners of the defendant-vessel [CAROLINE 30 SASU] who is not a party to the above Suit. It is the contention of the plaintiff that defendant No.2 is the parent company of the said CAROLINE 30 SASU.
4 Be that as it may, Mr. Osama Butt has stated that the owners of the defendant-vessel would be furnishing a cash security in the sum of Rs.62,98,070/- (which includes legal costs) and would be remitting this amount through RTGS to the Prothonotary & Senior Master / Admiralty Registrar of this Court by tomorrow before the close of business hours. He further states that the vessel is scheduled to sail from the Nhava Sheva Port sometime tonight or tomorrow early morning and the owners of the defendant-vessel undertake to ensure that this amount of Rs.62,98,070/- (which includes legal costs) will be credited to the SR Pasha, Sr PS Page 2 of 3 (NOB)JOL8544.20_COMASL8540.20.doc Account of the Prothonotary & Senior Master / Admiralty Registrar by tomorrow. The said undertaking is accepted. 5 Considering the above undertaking, the learned advocate appearing on behalf of the plaintiff has fairly stated that the plaintiff has no objection if the vessel is allowed to sail. 6 In these circumstances, there is now no requirement of passing any order in terms of the Judge's Order and the same is disposed of accordingly.
7 Needless to clarify that the aforesaid security of Rs.62,98,070/- is being furnished without prejudice to the rights and contentions of all parties.
8 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. SR Pasha, Sr PS Page 3 of 3