Allowed

K. Marine Agencies Private Limited v. Bahri Jazan (Imo No. 9620970)

Bombay HC25 Feb 2020COMAS/7/2018

Case brief

AI extract

What is this about?

The court granted leave to withdraw a commercial admiralty suit as withdrawn and ordered the return of the security amount deposited by the defendant along with interest and after deducting bank charges, noting no poundage was payable.

What did the court decide?

Leave granted to withdraw suit; suit dismissed; security deposit with interest to be returned; no poundage payable.

K. Marine Agencies Private Limited Vs Bahri… — Civil Procedure and Limitation | Bombay HC (2020)

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comas-7-18(901).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
COMMERCIAL ADMIRALTY SUIT NO.7 OF 2018

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WITH

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JUDGES ORDER NO.257 OF 2017

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WITH
COMMERCIAL NOTICE OF MOTION NO.1684 OF 2018
IN

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COMMERCIAL ADMIRALTY SUIT NO.7 OF 2018

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K. Marine Agencies Private Limited
Vs.

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Bahri Jazan (IMO No. 9620970)

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..Plaintiff

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..Defendant

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Mr. Prathamesh Kamat i/b Mr. M. J. Dabholkar i/b A. Mehta Laljee and Co.
for Plaintiff

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Mr. Shailesh Shukla a/w Mr. Siddhesh S Pradhan i/b J Sagar Associates for
Defendant

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CORAM : K.R.SHRIRAM, J.
DATE : 25th FEBRUARY 2020

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P.C. :

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1 Mr. Kamat appearing for plaintiff seeks leave to withdraw the

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suit.

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2 The suit is dismissed as withdrawn. Refund of court fees in

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accordance with rules.

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3All interim applications stand disposed. All interim orders, if
any, stand vacated.

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4 Mr. Shukla appearing for defendant states that they have

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deposited a sum of Rs.2,53,43,000/- as security for release of defendant

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vessel. Mr. Shukla prays that the said amount together with accumulated

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interest, if any, be returned to defendant. Mr. Kamat has no objection.

Meera Jadhav

comas-7-18(901).doc

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5The Prothonotary and Senior Master, High court, Bombay, is
directed to return the amount so deposited together with accumulated
interest, if any, to the party that has deposited the amount. Bank charges, if
any, shall be deducted from the said amount.

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6Mr. Kamat for plaintiff states that plaintiff has not received any
amount pursuant to the arrest and, therefore, no poundage is payable. Mr.
Shukla for defendant confirms that no amount has been paid to plaintiff. In
view thereof, Sheriff’s poundage need not be paid.

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7All to act on authenticated copy of this order.

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Meera Jadhav

K. Marine Agencies Private Limited v. Bahri Jazan (Imo No. 9620970)

Case brief

What is this about?

What did the court decide?

K. Marine Agencies Private Limited v. Bahri Jazan (Imo No. 9620970)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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