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Judgment
Biren Vaishnav, J
Hear the learned Advocates appearing for respective parties.
Learned Advocate Mr. Manav Mehta submitted that as per the order dated 23.04.2021, the defendants were permitted to deposit the suit claim
amount on or before 14.05.2021 along with an undertaking to be furnished to the effect that the Defendant Vessel shall not sail outside the territorial
waters of Deendayal Port, Kandla.
Learned Advocate Mr. Manav Mehta further submitted that owing to the lockdown being imposed in the State of Maharashtra the defendants were
not in a position to arrange the funds on or before 14.05.2021, and therefore, an application was filed seeking extension of time to deposit such money.
The learned Advocate further submits that before such application could be heard, the Registry, in accordance with the directions issued in order
dated 23.04.2021 issued warrant of arrest against the Defendant vessel.
Learned Advocate Mr. Manav Mehta further submitted that the present Civil Application is being filed to seek the permission of this Court to
deposit the suit claim amount along with interest till the date of deposit and vacate the arrest order being issued in favor of the Defendant Vessel.
Upon Hearing Mr. Manav Mehta, Learned Advocate for the Defendants and Ms. Paurami Sheth, learned advocate for the Plaintiff, this Court is
pleased to pass the following order :
A. The Defendants are hereby permitted to deposit an amount of Rs. 19,78,000 i.e. suit claim amount along with interest till the date of deposit i.e. Rs.
33,713.53, totaling to Rs. 20,11,713.53 with the Registry of this Court by tomorrow i.e. 02.06.2021.
B. Upon such deposit being made, the defendant vessel shall be released from arrest and be permitted to sail. The Defendants shall also be relieved of
their undertaking dated 24.04.2021 furnished in compliance of order dated 23.04.2021.
C. Looking to the present situation, the Registry is directed to send this order to Port and Customs at Deendayal Port, Kandla through Email at
following addresses and the Authorities at Deendayal Port, Kandla shall act on Email copy of the order and release the defendant vessel and be
permitted to sail.
It is also open for the learned advocates for the respective parties to communicate the above order by Email at their own cost and the Port and
Customs authorities are directed to act on Email message with an ordinary copy of this order.
It is hereby made clear that the deposit of the amount by the defendant vessel is subject to the rights and contentions of both the parties in the
present suit.
The applications is disposed off in terms of the order herein above.