This is a consent minute order where the High Court disposed of a Commercial Notice of Motion. The court relied on agreed terms regarding vessel berthing and equipment discharge to dismiss the application.
Notice of Motion no.1629 of 2019 stands disposed; vessel to be brought alongside berth.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
nmcd-1629--19(901).doc
1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL NOTICE OF MOTION( L) NO.1629 OF 2019 WITH
COMMERCIAL NOTICE OF MOTION NO.1402 OF 2019 IN COMMERCIAL ADMIRALTY SUIT NO.27 OF 2019
Kreuz Subsea PTE Ltd. Vs.
Awb Gal Constructor
..Plaintiff/Applicant
..Defendant
WITH COMMERCIAL NOTICE OF MOTION NO.1781 OF 2019 IN COMMERCIAL ADMIRALTY SUIT NO.27 OF 2019 WITH COMMERCIAL ARBITRATION PETITION NO.657 OF 2019
Mr. Prashant Pratap, Senior Advocate a/w Mr. Prashant Asher and Mr. Nirav Shroff I/b Crawford Bayley and Co. for Plaintiff/Applicant in NMCD/1402/2019
Ms. S. Priya for Applicant in NMCDL/1629/2019;
Mr. Prathamesh Kamat a/w Ms. Varsha Ramann and Mr. Avik Sarkar I/b Kamal and Co. for Defendant/Applicant in NMCD/1781/2019 and for Petitioner in CARBP/657/2019
CORAM : K.R.SHRIRAM, J. DATE : 24th JULY 2019
P.C.:
COMMERCIAL NOTICE OF MOTION NO.1402 OF 2019
1 After the matter was heard for sometime, counsel tendered
consent minutes of order dated 24th July 2019, signed by advocate for
plaintiff and advocate for defendant vessel and its owners. The consent minutes of order is taken on record and marked as “X” for identification.
Meera Jadhav
nmcd-1629--19(901).doc
2/6
2
For ease of reference, the consent minutes of order is scanned
and reproduced below:
Meera Jadhav
nmcd-1629--19(901).doc
3/6
Meera Jadhav
nmcd-1629--19(901).doc
4/6
Meera Jadhav
nmcd-1629--19(901).doc
5/6
3 So far as paragraph 7 of consent minutes of order is concerned, Mr. Kamat states that though the consent minutes of order has been signed,
his instructions are that stream discharge is not possible and defendant vessel will be brought alongside into the berth of Mumbai Port Trust, subject
Meera Jadhav
nmcd-1629--19(901).doc
6/6
to sufficient draft being available and plaintiff may use shore crane to discharge the equipments on to the berth or directly on to trucks, as the case may be. Mr. Kamat states that they will extend all co-operation for removal of the equipments. As regards port charges towards berth hire and pilotage and if, there are any charges for moving the vessel from anchorage to Mumbai Port Trust berth, the same shall be paid by plaintiff. Mr. Pratap, without prejudice to plaintiff's rights, agrees to pay those charges and reserves plaintiff's rights to claim the same from defendant.
COMMERCIAL NOTICE OF MOTION (L) NO.1629 OF 2019
7 In view of the above, as the equipments referred to in the notice of motion no.1402 of 2019 covers the equipments of applicant in this notice of motion (l) no.1629 of 2019, the said notice of motion (l) no.1629 of 2019 also accordingly stands disposed.
(K.R. SHRIRAM, J.)
Meera Jadhav
Kreuz Subsea PTE Ltd.
Awb Gal Constructor
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
