Bombay High Court
Rushab Ship International Llc vs The Bunkers On Board The Ship ... on 7 February, 2019
JSB
Before: Aniruddha M. Chandekar
Prothonotary & Senior Master.
Date: 7th February, 2019
CALLED OUT FOR DIRECTION :
90. APP/353/2014 ) Ms. Aparna Deokar, i/b. M P Vashi
NMS/735/2013 ) Associates, Advocates for the Appellants.
ADMS/42/2013 )
with ) Ms. Bulbul Singh Rajpurohit, Advocate for
APP/364/2014 ) Respondent No. 3.
NMS/1591/2013 )
NMS/735/2013 ) P.C.: The matter is placed on board in
ADMS/42/2013 ) view of Praecipe dated 31.01.2019.
)
) By Order dated 21.01.2019, the Hon'ble Court ) disposed of both the Appeals and Notices of ) Motion in terms of Consent Terms dated ) 21.01.2019 and directions are given by the ) Hon'ble Court to this office in Para. 3, which ) is reproduced as under:
) ) "3. As regards the arrangement stipulated in ) the Consent Terms regarding the withdrawal ) of the amount by issuing cheques in a ) particular manner, we observe that the ) parties to the Consent Terms may file ) appropriate applications before the ) Prothonotary and Senior Master of this court. ) In case the applications are filed, the ) Prothonotary and Senior Master of this Court ) will verify and pass necessary orders on the ) said applications."
) ) The Ld. Advocate for the Appellant submitted ) that consent terms are between Appellant and ) Respondent No. 3.
) ) As per Consent Terms, Respondent No. 3 is ) entitled to receive amount of Rs. 50 lakhs in 1 of 2 ::: Uploaded on - 16/02/2019 ::: Downloaded on - 16/03/2019 11:48:27 ::: JSB Before: Aniruddha M. Chandekar Prothonotary & Senior Master.
Date: 7th February, 2019 Contd.... ) the name of M/s. Crawford Bayley and Co.,
90. APP/353/2014 ) Advocate for Respondent No. 3. Further, NMS/735/2013 ) balance amount of Rs. 50 lakhs along with ADMS/42/2013 ) accrued interest thereof, if any, needs to be with ) remitted to the Appellant / Org. Plaintiff by APP/364/2014 ) RTGS in a Bank Account of Mr. Rashmi NMS/1591/2013 ) Kamdar bearing the Account No. NMS/735/2013 ) 60043467706, IFSC Code: MAHB0000002, ADMS/42/2013 ) Bank of Maharashtra, Branch Mumbai Fort.
) Also, amount of USD 34,692.80 needs to be ) remitted to the Appellant / Org. Plaintiff along ) with interest accrued thereon, if any, in the ) Bank Account No. 601224704, SWIFT Code :
) HANYUS33, ABA Routing No.: 026007362 ) of HAB Bank, Address: 1585 Oak Tree Rd., ) Iselin, NJ 08830, (U.S.A.). ) ) With regard to cancellation of Bank ) Guarantee, parties are at liberty to correct ) date of Bank Guarantee mentioned in Para. (f) ) of Consent Terms.
) ) Office to expedite disbursement in ) compliance of the Order dated 21.01.2019 ) r/w. Consent Terms.
07-02-2019 Prothonotary and Senior Master 2 of 2 ::: Uploaded on - 16/02/2019 ::: Downloaded on - 16/03/2019 11:48:27 :::