Bombay High Court
M. V. Golden Pride vs Gac Shipping (India) Pvt. Ltd on 22 December, 2020
Author: B.P. Colabawalla
Bench: B.P. Colabawalla
3.ial.8874.2020.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
Dhanappa
I. Koshti
Digitally signed
by Dhanappa I.
INTERIM APPLICATION (L) NO. 8874 OF 2020
Koshti
Date: 2020.12.22
IN
18:15:03 +0530
COMM. ADMIRALTY SUIT (L) NO. 6807 OF 2020
m.v. Golden Pride ...Applicant.
In the matter between
GAC Shipping (Ind) Pvt. Ltd. ... Plaintiff
Vs
m.v. Golden Pride ... Defendant.
Mr. Gaurang Shah a/w Mr. Kunal S. Gaikwad for the Applicant/
owner of the defendant vessel.
Mr. Bimal Rajshekhar for the plaintiff
Mr. Ajay Fernandes i/b Motiwala and Co. for M.B.P.T.
Mr. D.S.Chaudhari Dy. Sheriff is present.
Mr. Khairol Jabbar, C.A. for the owner of the defendant vessel
present.
CORAM : B.P. COLABAWALLA, J.
DATE : 22nd DECEMBER, 2020 P.C. :
1 This Interim Application has been fled seeking to release the defendant vessel and vacate the order of arrest dated 21st August, 2020 as well as to add and implead Mumbai Port Trust as a party defendant to the present proceedings. Page 1 of 3
3.ial.8874.2020.doc
2 As far as the prayer for adding Mumbai Port Trust is concerned, Mr Fernandes, the learned counsel appearing on behalf of Mumbai Port Trust as well as the learned advocate appearing on behalf of the plaintiff has stated that they have no objection if the Mumbai Port Trust is added as a party - defendant to the present suit. In these circumstances, the Mumbai Port Trust shall be added as defendant No.2 in the above suit. The amendment shall be carried out on or before 15 th January, 2021 and a copy of the amended plaint shall be served on the advocates for the owner of the defendant - vessel and newly joined defendant / Mumbai Port Trust. After joinder of Mumbai Port Trust, if any averments are required to be made in the plaint, the plaintiff is at liberty to fle an application seeking those amendments.
3 As far as prayer for release of the defendant vessel is concerned, in the order dated 18 th December, 2020, a statement was recorded on behalf of the applicant/ owner of the defendant - vessel that they would furnish a bank guarantee in the sum of Rs.1,15,00,000/- together with interest @ 15 % p.a. from the date of furnishing of the bank guarantee till a date of its encashment, Page 2 of 3
3.ial.8874.2020.doc to secure the claim of the plaintiff. To enable the applicant/ owner of the defendant vessel to furnish the aforesaid bank guarantee the matter was kept today.
5 Today, when the matter is called out, the learned advocate appearing on behalf of the applicant/ owner of the defendant vessel has fairly stated that they are not in a position to furnish any bank guarantee to release the defendant - vessel from the order of arrest or stall the auction sale of the defendant vessel which is also scheduled today. In these circumstances, the question of releasing the defendant vessel and vacating the order of arrest dated 24th August, 2020 does not arise. The said prayer is therefore rejected. The Interim Application is accordingly disposed of.
6 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