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Mena Energy Dmcc vs Mt Queen Helena ( Imo No 9341354 ) on 27 December, 2018

31. The record of the Suit prima facie establishes the fact that the payment was not made as provided under the sales contract and even though the plaintiff made attempts to repossess the cargo which was delivered in breach of the charterparty agreement and without authorization from opponent no.1 - original plaintiff in toto speaks of the conduct of the applicants and opponent no.2. It also prima facie comes out from the record that opponent no.2 - original defendant no.2 and applicant no.2 - original defendant no.3 are related Companies and if the order of arrest is vacated which is in form of a security pending arbitration, such proceedings would become infructuous and following the judgment of the Hon'ble Bombay High Court in the case of Siem Offshore Redri AS (supra), such claim deserves to be secured by way of Page 44 of 47 C/AS/44/2018 IA ORDER the present order of arrest.
Gujarat High Court Cites 26 - Cited by 0 - R M Chhaya - Full Document

I-Marine Infratech (India) Private ... vs The Owners And Parties Interested In The ... on 9 December, 2020

Counsel places a Single Bench decision of the Bombay High Court in Siem Offshore Redri AS vs. Altus Uber where the Court, relying on a full Bench decision of the Bombay High Court in J.S. Ocean Liner LLC vs. Golden Progress, was of the view that an action in rem may be used to obtain and retain security even though the merits of the dispute are to be determined in the arbitration proceedings. Counsel submits that this judgment was unsuccessfully challenged before the Division Bench of that the Bombay High Court.
Calcutta High Court Cites 11 - Cited by 0 - M Bhattacharya - Full Document
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