Calcutta High Court
Glencore Grain India Pvt. Ltd vs The Owners And Parties Interested In The ... on 19 August, 2016
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.2095 of 2016
With
AS No.3 of 2016
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
GLENCORE GRAIN INDIA PVT. LTD.
Versus
THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.T. FENG HAI 21
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 19th August, 2016.
Appearance:
Mr. K.R. Thaker, Adv.
Mr. Indradeep Basu, Adv.
Mr. Tilok Bose Sr. Adv.
Mr. S. Ghosh, Adv.
Mr. P. Basu, Adv.
Mr. S. Prasad, Adv.
Mr. P. Bose, Adv.
The Court: After hearing the learned Counsel for the parties this application is
disposed of by directing the respondent to furnish the following documents:
1. Extract from engine log book from the date of turbocharger malfunctioning to date of repair of the turbocharger.
2. Last survey inspection of the turbocharger.
3. Turbocharger overhauling record.
4. Chief Engineer's SOF and Chief Engineer's opinion on the reason for the breakdown.
The respondent shall permit inspection of the damaged turbo charger in dismantled condition and taking photos of the same. 2
The entire exercise shall be done in presence of the Marshal of this Court and the documents are to be countersigned by the Master of the Vessel in presence of the parties. All costs, charges and expenses are to be borne by the plaintiff.
The aforesaid documents shall be kept in the safe custody of the Registrar of this Court and the parties shall be at liberty to obtain copies of the same from the Registrar upon payment of costs, charges and expenses.
Upon compliance of the aforesaid direction the order dated 20th July, 2016 shall stand vacated. It also appears from the mail exchanged by and between the parties that subject to the Glencore accepting that they shall withdraw all their proceedings and claims and allow the ship to depart, the defendants are agreeable to furnish the documents and allow inspection of damaged turbo charger in dismantled condition as mentioned above. The plaintiff has accepted the condition put forth by the defendant.
In view of the order passed on the basis of the agreement arrived at by and between the parties the suit is also treated on the day's list and stands dismissed as not pressed subject to compliance of the direction passed in this order. GA No.2095 of 2016 stands disposed of. The e-mail dated 18th August, 2016 and 19th August, 2016 produced before this Court are kept with the record.
(SOUMEN SEN, J.) sp/