Shila Maritime Corp. & vs Gujarat Maritime Board & 2 on 21 December, 2015

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Gujarat High Court

Shila Maritime Corp. & vs Gujarat Maritime Board & 2 on 21 December, 2015

Bench: R.M.Chhaya

              C/SCA/20601/2015                                                  ORDER



                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



                    SPECIAL CIVIL APPLICATION NO. 20601 of 2015

         ==========================================================
                       SHILA MARITIME CORP. & 1....Petitioner(s)
                                      Versus
                     GUJARAT MARITIME BOARD & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR MIHIR JOSHI, SENIOR ADVOCATE with MR AMITAVA MAJMUDAR,
         COUNSEL with MS RUJUTA R OZA, ADVOCATE for the Petitioner(s) No. 1-2
         MR GURSHARAN H VIRK, ADVOCATE for the Respondent(s) No. 1-2
         MR MIHIR J THAKORE, SENIOR ADVOCATE with MR KUNAN NAIK,
         ADVOCATE for the Respondent(s) No. 3
         ==========================================================

                CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                                   Date : 21/12/2015


                                    ORAL ORDER

1. Heard Mr. Mihir Joshi, learned Senior Advocate with Mr. Amitava Majmudar, learned counsel with Ms. Rujuta Oza, learned advocate for the petitioner, Mr. Gursharan H. Virk, learned advocate for respondent Nos.1 and 2 and Mr. Mihir J. Thakore, learned Senior Advocate with Mr. Kunan Naik, learned advocate for respondent No.3.

2. This Court had issued notice vide order dated Page 1 of 5 HC-NIC Page 1 of 5 Created On Tue Dec 22 01:15:02 IST 2015 C/SCA/20601/2015 ORDER 17.12.2015 returnable today.

3. Mr. Thakore, learned Senior Advocate for respondent No.3 seeks time to file reply. Mr. Joshi, learned Senior Advocate for the petitioners states that the vessel in question is held up at Dahej Port and the petitioners have to incur a huge amount every day. Mr. Joshi submits that the petitioners are ready and willing to pay a sum of Rs.2,56,91,769/ which is undisputed amount by way of a Demand Draft in favour of respondent No.3. Mr. Thakore states that as per respondent No.3, the undisputed amount comes to Rs.2,65,98,350/. The petitioners have paid an amount of Rs.2,56,91,769/ by way of a Demand Draft today. Mr. Kunan Naik, learned advocate for respondent No.3 has accepted a Demand Draft. A photocopy of the Demand Draft is taken on record.

4. As far as the remaining disputed amount as calculated by the petitioners is concerned, the Page 2 of 5 HC-NIC Page 2 of 5 Created On Tue Dec 22 01:15:02 IST 2015 C/SCA/20601/2015 ORDER same comes to Rs.1,35,63,596/. Mr. Joshi submits that in order to protect the interest of respondent No.3, the petitioners are ready and willing to deposit the said amount as calculated by the petitioners before the Registry of this Court and on that condition, the vessel in question "MV D SKALKEAS", which is anchoraged at Dahej Port to be permitted to sail. As against this, Mr. Thakore contended that respondent No.3 may be paid the said amount subject to respondent No.3 furnishing a Bank guarantee to the satisfaction of this Court.

5. In light of the aforesaid, it appears that except the two amounts i.e. undisputed and disputed, no other cause survives between the petitioners and respondent No.3. In light of the aforesaid, by way of an adinterim direction, the following directions are issued: [a] The petitioners shall deposit an amount of Page 3 of 5 HC-NIC Page 3 of 5 Created On Tue Dec 22 01:15:02 IST 2015 C/SCA/20601/2015 ORDER Rs.1,35,63,596/ by a Demand Draft before the Registry of this Court latest by 28.12.2015. [b] The petitioners shall deposit such amount by way of a Demand Draft drawn in the name of Registrar of this Court and Registry shall accept the same.

[c] Vessel in question "MV D SKALKEAS" shall be permitted by respondent No.3 to sail out of Dahej Port only on the petitioners depositing the amount of Rs.1,35,63,596/ before this Court.

[d] The petitioners shall also serve a copy of the note that may be filed by the petitioners upon respondent No.3 along with a photocopy of the Demand Draft that may be deposited by the petitioners before the Registry of this Court. [e] Respondent No.3 be permitted to withdraw the said amount upon furnishing a Bank guarantee of same amount to the satisfaction of the Registrar of this Court from any Nationalized Page 4 of 5 HC-NIC Page 4 of 5 Created On Tue Dec 22 01:15:02 IST 2015 C/SCA/20601/2015 ORDER Bank. Such withdrawal of respondent No.3 shall be subject to further orders of this Court.

6. Meanwhile, respondent Nos.1 and 2 and/or respondent No.3 may file their reply. S.O. to 11.1.2016.

(R.M.CHHAYA, J.) mrp Page 5 of 5 HC-NIC Page 5 of 5 Created On Tue Dec 22 01:15:02 IST 2015

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