Allowed

The Board of Trustees of Pot of Mumbai v. M.v.Kamal Xxxiv and Anr.

Bombay HC11 Oct 2022IA/1375/2022

Case brief

AI extract

What is this about?

The court allowed the plaintiff's interim application seeking directions to auction the arrested vessel MV Kamal XXXIV. The Sheriff's report was approved, an independent surveyor was appointed for valuation, and a schedule for auction was sanctioned.

What did the court decide?

Application allowed; Sheriff's report approved; M/s. N. B. Menon and Associates appointed as Surveyor; auction schedule approved; Plaintiff to deposit Rs. 5,00,000/-.

The Board of Trustees of Pot of Mumbai Vs M.v.Kamal… — Company and Corporate | Bombay HC (2022)

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9-IA1375-22+.DOC

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Santosh

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

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SHERIFF’S REPORT NO. 65 OF 2022

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SANTOSH SUBHASH KULKARNI

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Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2022.10.11 18:21:45 +0530

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INTERIM APPLICATION NO. 1375 OF 2022 IN

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ADMIRALTY SUIT NO. 10 OF 2015

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The Board of Trustees of the Port of

...Plaintiff

Mumbai

Versus

M. V. Kamal XXXIV & anr. …Defendants

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Mr. Ajai Fernandes, a/w Ms. Sneha Pandey, i/b Motiwala & Co., for the Plaintiff.

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Mr. D. S. Chaudhary, Dy. Sheriff, present.

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CORAM: N. J. JAMADAR, J. DATED : 11^th OCTOBER, 2022

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PC:-

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This application is taken out by the plaintiff seeking

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directions to sell the first defendant – vessel Kamal XXXIV.

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The said vessel was arrested in Admiralty Suit No.10 of 2015 by an order dated 10^th March, 2015. Since then the said vessel is under arrest. It does not appear that security has been offered to release the vessel or any application is preferred for the release of the vessel.

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The Sheriff has taken out this report seeking directions to conduct the auction sale of the vessel subject to deposit of an

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1/2

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9-IA1375-22+.DOC

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amount of Rs.5,00,000/- by the plaintiff towards the costs of auction sale including valuation of the defendant – vessel.

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Since the vessel is under arrest from the year 2015, it would be expedient to sale the defendant – vessel. Hence, the application stands allowed in terms of prayer Clause (a).

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The Sheriff’s report stands allowed in terms of prayer Clauses (a) and (b).

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M/s. N. B. Menon and Associates is appointed as an independent Surveyor for carrying out the valuation of the vessel – MV Kamal XXXIV.

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The proposed schedule of auction at page 9 of the report also stands approved.

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8. The application stands disposed.

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Sheriff’s Report stands disposed.

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The amount to be deposited by the plaintiff towards the expenses for auction sale shall be treated Sheriff’s expenses and be paid out first from the sale proceeds.

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[ N. J. JAMADAR, J. ]

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The Board of Trustees of Pot of Mumbai v. M.v.Kamal Xxxiv and Anr.

Case brief

What is this about?

What did the court decide?

The Board of Trustees of Pot of Mumbai v. M.v.Kamal Xxxiv and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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