Disposed

Ahm Marine Llc v. O.S.V Dolphin Beas and Anr.

Bombay HC21 Feb 2020JO/35/2020

Case brief

AI extract

What is this about?

The Commercial Admiralty Division upheld the prima facie case for arresting the first defendant vessel, clarified the security amount to USD 325,000 via a nationalized bank guarantee, and stipulated procedures for auction if the vessel remains unsecured within the prescribed timeline.

What did the court decide?

Confirmation of arrest warrant, clarification of security amount and bank requirement, directives for service of warrant and potential auction.

Ahm Marine Llc Vs O.S.V Dolphin Beas and Anr. — Company and Corporate | Bombay HC (2020)

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JO-35-2020.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION

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JUDGE’S ORDER NO.35 OF 2020

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IN

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COMMERCIAL ADMIRALTY SUIT (L) NO.8 OF 2020

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AHM MARINE LLC ….Plaintiff

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Vs.

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O.S.V. DOLPHIN BEAS & Anr. ....Defendants

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Mr. Manoj Khatri i/b. Mr. Arnab Ghosh for plaintiff.

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 CORAM : K.R.SHRIRAM, J.
 DATE : 21st FEBRUARY 2020

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P.C.:

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1Not on board. Upon mentioning taken on production board at

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4.45 p.m.

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2Heard Mr. Khatri, counsel for plaintiff and also considered the

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plaint. Prima facie case for arrest of 1st defendant vessel is made out.

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3The Judge’s Order for arrest of 1st defendant vessel is signed
separately. Mr. Khatri states there is no caveat against arrest of 1st defendant
vessel as per the endorsement made today at 2.20 p.m. by the Section
officer of the Execution Department in the praecipe.

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4It is clarified that the security to be furnished will be for
USD 325,000 and not USD 374,266.75 as mentioned in the Judge’s order. It
is also clarified that if defendant is giving a Bank Guarantee, then the Bank
Guarantee shall be of a nationalised bank for USD 325,000 with interest at
the rate of 4% p.a. on USD 317,169.54 from the date of the suit until

Gauri Gaekwad

JO-35-2020.doc

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payment/realisation.

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5Plaintiff is at liberty to forward a copy of the communication
from the Sheriff of Mumbai forwarding this order by fax/email/hand
delivery/RPAD to Port and Customs Authorities.

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6The undertaking of plaintiff’s advocate that the warrant of
arrest will be served upon the vessel, the Port and Customs Authorities
within two weeks from today is accepted.

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7After execution of warrant of arrest, if the arrested vessel is not
released by furnishing security or bail amount within 15 days, or an
application for vacating order of arrest is not filed, or vessel is found
abandoned by the person in-charge of the vessel or owner or is found
unmanned, in such an event, on application made by plaintiff, the office of
Sheriff of Mumbai shall present Sheriff’s report for auctioning vessel within
seven days from the date of receiving communication from plaintiff’s
advocate or from the date of knowledge of abandonment of vessel.

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8All to act on a copy of this order duly authenticated as true copy
by the Associate of this Court.

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(K.R. SHRIRAM, J.)

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Gauri Gaekwad

Ahm Marine Llc v. O.S.V Dolphin Beas and Anr.

Case brief

What is this about?

What did the court decide?

Ahm Marine Llc v. O.S.V Dolphin Beas and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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