Disposed

Sparebanken Sogn Og Fjordane v. M.V. Bos Angler and Anr.

Bombay HC4 Jan 2012APP/758/2011

Case brief

AI extract

What is this about?

The court corrected a typographical error in a previous order, changing the referenced deposit figure from USD 33 million to USD 32.6 million. It directed the release of the vessel m.v. BOS Angler to the appellant and ordered the issuance of a fresh certified copy.

What did the court decide?

Corrections to the previous order; release of the vessel m.v. BOS Angler to the appellant; issuance of a fresh certified copy of the corrected order.

Sparebanken Sogn Og Fjordane Vs M.V. Bos Angler and Anr. — Banking and Recovery | Bombay HC (2012)

App-758.sxw

ASN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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ADMIRALTY AND VICE ADMIRALTY JURISDICTION

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APPEAL NO.758 OF 2011 IN

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NOTICE OF MOTION NO.1817 OF 2011

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ADMIRALTY SUIT NO.24 OF 2011

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Sparebanken Sogn Og Fjordane. ...Appellant. Vs. m. v.BOS Angler & anr. ...Respondents.

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Mr. Zarir Bharucha and Mr. Bimal Rajshekhar for the Appellant. Mr. A.M.Kazi, Dy. Sheriff, Mumbai present.

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CORAM : MOHIT S. SHAH, C. J. AND SMT. ROSHAN DALVI, J.

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DATE : 04 JANUARY 2012

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PC:

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Mr. Zarir Bharucha, learned counsel for the appellant states that the full amount of consideration i. e. USD 33.1 million as required by the Judgment and Order dated 30 November 2011 has been deposited with the Sheriff of Mumbai by 2 January 2012 and relies on a copy of the letter dated 2 January 2012 from the Sheriff of Mumbai in support of that statement.

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App-758.sxw

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ASN 2

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2 The Sheriff of Mumbai who is present before us, acknowledges that the total amount of USD 33.1 million has been received and the same is credited to RFC SB USD Account as per the order dated 30 November 2011.

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3 Mr. Bharucha, learned counsel for the appellant however, invites our attention to Paragraph 4 of our order dated 22 December 2011 wherein inadvertently the balance amount was mentioned as USD 33 million instead of USD 32.6 million because the earnest money deposit of USD 0.5 million was already made on 5 December 2011.

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4 The typographical mistake in Paragraph 4 of our order dated 22 December 2011 is corrected and the figure “33” shall be substituted as “32.6” since the appellant has already complied with condition Nos. (a)), (b) and (c), as stipulated in our directions No. I of our order dated 30 November 2011.

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5 Since no bids have been received from any other parties, the directions contained in Paragraph II(ii) of our Judgment and order dated 30 November 2011 shall operate and the Sheriff of Mumbai shall release the vessel m.v. BOS Angler to the appellant.

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6 The Prothonotary and Sr. Master of this Court is directed to carry out the aforesaid corrections in the original order and issue fresh certified copy, if applied.

App-758.sxw

ASN

7 Parties to act on a copy of this order duly authenticated by the registry of this Court.

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CHIEF JUSTICE

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( SMT. ROSHAN DALVI, J. )

Sparebanken Sogn Og Fjordane v. M.V. Bos Angler and Anr.

Case brief

What is this about?

What did the court decide?

Sparebanken Sogn Og Fjordane v. M.V. Bos Angler and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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