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2009 Supreme(Bom) 368

P.B.MAJMUDAR, U.D.SALVI
GOVERNMENT OF GOA – Appellant
Versus
JAISU SHIPPING CO. PVT. LTD. – Respondent


Advocates appeared:
S.G. Dessai, P. Talaulikar - Appellant.
S.D. Lotlikar, Jimi John - Respondent.

JUDGMENT

P.B. Majmudar, J.

Government of Goa has preferred this appeal against the judgment and order passed by Principal District Judge, Panaji, dated 26.08.2008. By the impugned order, the Principal District Judge, Panaji, partly allowed the application submitted by the respondent herein. The respondent preferred an application under Section 9 of the Arbitration and Conciliation Act, 1996 for the purpose of interim measure. The dispute is in connection with removal of the vessel, namely, m.v. River Princess, grounded off at Sinquerim Beach, Candolim. So far as the ship is concerned, it is grounded on the said beach since 06.06.2000, i.e. more than eight years and in order to prevent environmental hazard, it was felt necessary on the part of State of Goa to see that the said ship is removed and taken out for the purpose of re-floating and towing it away wholly to the ship breaking yard. For the aforesaid purpose, an agreement was entered into between the present appellant and respondent dated 05.01.2007, by which, the respondent herein had agreed to remove the vessel, namely, m.v. River Princess along with its contents by re-floating and towing it away wholly to any authorized ship






















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