Bombay High Court
Dvb Group Merchant Bank (Asia) Ltd vs M. V. Malaviya Twenty Three Imo No ... on 17 October, 2018
Author: A.K. Menon
Bench: A.K. Menon
sbw
903.nms-757.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.757 OF 2017
IN
ADMIRALTY SUIT NO.41 OF 2015
DVB Group Merchant Bank (Asia) Ltd. .. Applicant/Plaintiff
Vs.
M.V. Malaviya Twenty Three IMO
no.9299082 & Ors. .. Defendants
WITH
NOTICE OF MOTION NO.800 OF 2018
Mr. Darius Khambata, Senior Advocate, a/w Rahul Narichania, Senior
Advocate, Ms. Pratiksha Avhad, Pooja Kapadia I/b. Mulla & Mulla & CB&C for
the plaintiff applicant.
Ms. Surabhi Agarwal for Official Liquidator.
Mr. Charles D'Souza I/b. Verus for Exim Bank respondent in NMS/800/2018.
Mr. Mahinder Aithe, A.O.L. and Mr. Noor Shergil A.O.L.
CORAM : A.K. MENON, J.
DATED : 17TH OCTOBER, 2018.
P.C. :
1. The notice of motion seeks a direction to the Prothonotary and Senior Master to file a report on the claims lodged in respect of defendant nos.1 to 5 and for orders for making part payment of the plaintiffs. It is pointed out that the Official Liquidator being appointed as Liquidator of the defendant no.6 is presently in the process of verifying claims. The plaintiffs vide their Advocates letter dated 16th October, 2018 have enclosed a statement setting out the 1/2 ::: Uploaded on - 20/10/2018 ::: Downloaded on - 22/10/2018 00:33:40 :::
903.nms-757.17.odt amounts due to the plaintiff under decrees passed by this Court and computation of various claims lodged in this court as also with the liquidator.
They seek a response from the liquidator as to the correctness of this computation.
2. Meanwhile on behalf of liquidator extension of time is sought to file his affidavit in reply and an additional affidavit to deal with the plaintiff's request as contained in the note enclosed with the letter dated 16 th October, 2018. Let such affidavit be filed on or before 24 th October, 2018.
3. The affidavit shall also specify the claims on behalf of crew members as well. Advance copy of the affidavit shall be furnished.
4. Reply in notice of motion no.800 of 2018 shall also be filed on or before 24th October, 2018.
5. Stand over to 29th October, 2018.
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