Bombay High Court
Deepak Chaudhary And 15 Ors vs Altus Uber And 2 Ors And Oceanus Offshore ... on 29 March, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
nmcdl 784 of 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO.784 OF 2019
IN
ADMIRALTY SUIT (L) NO.1 OF 2019
Oceanus Offshore Services Pvt. Ltd. ... Applicant
and
Deepak Chaudhary and Ors. ... Plaintiffs
versus
Altus Uber (IMO No.9385300) & Ors. ... Defendants
Mr. Anoshak Davar with Mr. Tapan Agrawal I/by Vishwakarma and Associates, for
Applicant/Intervenor.
Mr. Rajesh Machado I/by Vishwakarma and Associates, for Plaintiffs.
Ms. Damayanti Sen with Mr. Ruchir Goenka I/by M/s. Bose and Mitra and Co., for
Defendant No.1.
Ms. Smita Gaidhani I/by Pol Legal Juris, for Defendant No.2.
CORAM: S.J. KATHAWALLA, J.
DATE: 29th MARCH, 2019 P.C.:
1. Heard the learned Advocates for the parties.
2. The Applicant/Intervenor is allowed to take inspection of their equipment on board the Defendant No. 1 Vessel ALTUS UBER (IMO NO. 9385300), dismantle the said equipment and take possession of the same by removing it from the Defendant No.1 Vessel. All permissions, required for berthing of Defendant No. 1 Vessel ALTUS UBER (IMO NO. 9385300), hot-work permit from port authorities for dismantling the said equipment, permissions from port and/or customs authorities for taking ssp 1/2 ::: Uploaded on - 30/03/2019 ::: Downloaded on - 31/03/2019 01:36:18 ::: nmcdl 784 of 2019.doc possession of the said equipment, and port passes for the representatives of the Applicant/Intervener etc., shall be obtained by Applicant. All costs, including those towards berthing charges if necessary, and costs of removal of the said equipment, shall be borne by the Applicant for this purpose. It is clarified that cost of fuel and charter hire will not be charged to the Applicant. The Registered Owners of the Defendant No. 1 Vessel agree to provide their assistance and consent for removal of the said equipment. The Sheriff of Mumbai shall supervise the removal of equipment and submit his report to this Court. The removal of equipment shall be completed within 4 working days from the date of this order.
3. All authorities including the Sheriff of Mumbai, the Prothonotary and Senior Master, Port, Customs and all parties to act upon an ordinary copy of this order duly authenticated by the Associate/Private Secretary of this Court.
4. Port and Customs authorities are directed to give all necessary permissions and authorizations to allow the Vessel to berth and the work to be undertaken at the earliest.
5. This order is passed entirely without prejudice to the rights and contentions of all parties.
( S.J.KATHAWALLA, J. ) ssp 2/2 ::: Uploaded on - 30/03/2019 ::: Downloaded on - 31/03/2019 01:36:18 :::