Bombay High Court
Polestar Maritime Ltd vs M.V. Qi Lin Men And 2 Ors on 22 November, 2018
Ratna
Before : SHRI. S.T. KAPSE
Addl. Registrar (O.S.) /
Addl. Prothonotary and Senior Master
Date : 22nd November, 2018
CALLED FOR ACCEPTANCE
13) ADMS/32/2017 Mr. Vishal Raj i/b. Mr. Ruben Fernandes,
WITH Advocate for Appellant (Org. Plaintiff )
NMS/2142/2011
Ms. Trupti Sharma i/b. M/s. Bose & Mitra &
Co., Advocate for Respondent No. 1
P.C. : The extended Bank Guarantee dated 24.10.2018 issued by HDFC Bank Ltd., Worli on behalf of Appellant (Org. Plaintiff) is already on record.
Ld. Advocate for Appellant (Org. Plaintiff) is informed that in Order dated 12.10.2018 passed in Appeal No. 794 of 2004, the Hon'ble Court has, inter-alia, observed that when in the original Order parties were directed to furnish Bank Guarantee till the final disposal of the matter, it is not proper on the part of the Registry to include recital in the Bank Guarantee to the effect that the Bank Guarantee would be furnished initially for one year and to be renewed from year to year until lis or litigation comes to an end and six months thereafter and the Hon'ble Court further observed that the Registry commits serious error in calling ..... 2 ::: Uploaded on - 26/11/2018 ::: Downloaded on - 27/11/2018 00:14:58 ::: Ratna ..... Continued
13) ADMS/32/2017 WITH : 2 : NMS/2142/2011 upon the Bank to renew the Bank Guarantee year to year.
In view thereof, Ld. Advocate for Appellant (Org. Plaintiff) to furnish the Bank Guarantee as per order pursuant to which main Bank Guarantee is furnished, keeping it alive till the disposal of the matter, excluding restricted clauses, if any.
For the said purpose, adjourned to 29.11.2018.
Addl. Registrar (O.S.) / 22.11.2018 Addl. Prothonotary and Senior Master ::: Uploaded on - 26/11/2018 ::: Downloaded on - 27/11/2018 00:14:58 :::