SEROS SHIPPING PRIVATE LIMITED Vs. NAND HAZIRA

JUDGEMENT

(1.) Heard Ms. Paurami Sheth, learned advocate for the plaintiff.

(2.) Learned advocate Ms. Paurami Sheth has filed purshish dtd. 14/11/2022 contending inter-alia that by order dtd. 20/1/2022 this Court granted arrest of the defendant Vessel, that since by the time the defendant Vessel was already directed to be sold under the order of this Court, formal arrerst order was not effected and plaintiff was permitted to the serve to the defendant Vessel, that in pursuance of the said order, the plaintiff served defendant Vessel through her owner who has till date not entered appearance, that later on the plaintiff has also filed application seeking decree.

(3.) It is further stated in the said purshish that the defendant Vessel is sold under the orders of this Court and sale proceeds are lying with the registry of this Court, that the plaintiff has learn that the crew and mortgagee bank have filed suits against the defendant Vessel who have priority on the sale proceeds of the defendant Vessel and their dues are larger than the amount of sale proceeds and hence the plaintiff is not likely to get any amount out of the said sale proceeds being unsecure creditor. It is also stated in the said purshish that in view thereof, the plaintiff intends to pursue its remedy which is available to it under the law for recovery of its legitimate dues receivable by it under Bareboat Charter Agreement dtd. 12/1/2019 against Simcement Private Limited, the erstwhile owner of the defendant Vessel and also for the amount paid on behalf of the defendant Vessel and her erstwhile owner, Simcement Private Limited post arrest orders passed in Admiralty Suit No. 16 of 2022 and Admiralty Suit No. 17 of 2022 and does not want to proceed with the present suit and request to pass appropriate orders. The said purshish is taken on record and forms part of this order.