LAWS(BOM)-2017-12-165

SINO OCEAN LIMITED Vs. SALVI CHEMICAL INDUSTRIES LTD

Decided On December 13, 2017
Sino Ocean Limited Appellant
V/S
Salvi Chemical Industries Ltd Respondents

JUDGEMENT

(1.) A Counsel for respondent states, at the outset, that this Execution Application and Chamber Summons should actually be listed under the Commercial Division of this Court in view of the nature of dispute and therefore, directions is sought to the registry to classify this application as an application in its commercial division. Registry to do the needful.

(2.) Though it reads in the event of respondent's failing to comply with prayer clause (c)(ii), since the Prothonotary and Senior Master has already remitted the amount available with him leaving a shortfall, according to Shri Narichania, counsel for claimant, prayer clause (f) has to be moulded to read in the event of respondent failing to pay them balance amount of US $ 319,816/- increasing at the rate US $ 144 per day from 24th November 2017, Items (i) to (v) of prayer clause (f) be granted. I am inclined to agree with Shri Narichania.

(3.) The facts in brief are :-