Allowed

Aurobindo Pharma Limited v. Nyk Theseus (Imo No. 9356701) and 2 Ors.

Bombay HC2 Aug 2022IA/547/2020

Case brief

AI extract

What is this about?

The Bombay High Court Commercial Admiralty Division allowed interim applications filed by defendants seeking condonation of delay in filing written statements. The court noted an 87-day delay but condoned it to advance substantive justice.

What did the court decide?

Delay in filing written statements was condoned and written statements dated 20th January, 2020 were taken on record.

Aurobindo Pharma Limited Vs Nyk Theseus (Imo No. 9356701) and 2… — Arbitration | Bombay HC (2022)

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SWAROOP Digitally signed bySWAROOP SHARADPHADKE SHARAD PHADKEDate: 2022.08.0310:59:50 +0530

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16 IA 547 of 2020.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.547 OF 2020 IN

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COMM. ADMIRALTY SUIT NO.14 OF 2020

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`NYK Theseus (IMO No.9356701)` `and`	`…`	`Applicant`
`Aurobindo Pharma Ltd.` `Versus`	`…`	`Plaintiff`
`NYK Theseus and Ors.`	`..``.`	`Defendants`

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WITH

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INTERIM APPLICATION NO.560 OF 2020 IN

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COMM. ADMIRALTY SUIT NO.14 OF 2020

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`Nippon Yusen Kabushiki Kaisha` `and`		`…`	`Applicant`
`Aurobindo Pharma Ltd.` `Versus`		`…`	`Plaintiff`
`NYK Theseus and Ors.`	`WITH`	`..``.`	`Defendants`

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INTERIM APPLICATION NO.551 OF 2020 IN

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COMM. ADMIRALTY SUIT NO.14 OF 2020

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`NYK Line (India) Pvt. Ltd.` `and`	`…`	`Applicant`
`Aurobindo Pharma Ltd.`	`…`	`Plaintiff`
`Versus`
`NYK Theseus and Ors.`	`..``.`	`Defendants`

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Mr. Prathamesh Kamat with Mr. Aksalan A. Thaver, Mr. Vishal Shriyan i/by Mr.
Vishal S. Shriyan, for Plaintiff.
Mr. Abhimanyu Singh with Mr. Dipam Sengupta i/by S. Priya, for
Applicants/Defendants.

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SSP 1/3

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16 IA 547 of 2020.doc

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CORAM: N.J.JAMADAR, J.
DATE:2nd AUGUST, 2022

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P.C.:

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1.These Applications are taken out by Defendant Nos.1 to 3 seeking
condonation of delay in filing the written statement.

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2.This Commercial Admiralty Suit is instituted seeking arrest of the
Vessel – NYK Theseus and for recovery of a sum of USD 825,600 along with further
interest. On 26th September, 2019 this Court has taken on record the Consent Terms
and accepted the undertakings therein as an undertakings given to the Court. On that
day, the leanred Counsel had waived service of writ of summons on the Defendants.
There is a delay of about 87 days in filing the written statement.

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3. The learned Counsel for the Plaintiff resisted the prayer for condonation

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of delay.

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4. I have perused the averments in the Applications. Written statement is

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sought to be filed within 120 days of the service of the writ of summons computed
from the date of waiver dated 26th September, 2019.

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5.For the reasons assigned in the Applications and to advance the cause of
substantive justice, delay in filing the written statement stands condoned.

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6.The Applications, thus, stand allowed in terms of prayer clauses (a) and

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(b). Written statements dated 20th January, 2020 of the Defendants are taken on
record.

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SSP 2/3

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16 IA 547 of 2020.doc

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7. The Applications stand disposed.

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( N.J.JAMADAR, J. )

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SSP

Aurobindo Pharma Limited v. Nyk Theseus (Imo No. 9356701) and 2 Ors.

Case brief

What is this about?

What did the court decide?

Aurobindo Pharma Limited v. Nyk Theseus (Imo No. 9356701) and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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