DESTINY INVESTMENT INC Vs. ADANI PORT LTD

JUDGEMENT

(1.) RULE. Mr. Devang S. Nanavati, learned advocate, waives service of Notice of Rule on behalf of respondent No. 1. In the peculiar facts and circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and disposed of, finally.

(2.) THIS petition has been filed invoking the jurisdiction of this court under Article 227 of the Constitution of India with a prayer to issue a Writ of Certiorari or a Writ of Mandamus or any Bother appropriate Writ or order, quashing and setting aside the order dated 03. 06. 2009 passed by the Incharge 2nd Additional Senior Civil Judge, bhuj-Kutchh and further order dated 11. 06. 2009 passed by the 2nd additional Senior Civil Judge, Bhuj, below application Ex. 6 in Execution petition No. 8 of 2009, whereby the order dated 03. 06. 2009 has been confirmed.

(3.) BRIEFLY stated, the case of the petitioner is that, the petitioner-Company is an independent legal entity incorporated in the Marshall islands, having its office at Majuro, Marshall Islands. It is stated in the petition that the owner and sole shareholder of the petitioner-Company is Mrs. Charikleia Chala and that the petitioner is not associated with seabirds Maritime S. A. in any manner and the said Mrs. Charikleia is neither a Director nor shareholder of Larus S. A. or Seabirds Maritime, s. A. According to the petitioner, it is the registered owner of vessel m. V. Niki and the registration certificate dated 30. 07. 2007 of the said vessel, has been issued by the Panama Maritime Authority of the republic of Panama.