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2012 Supreme(Bom) 2210

D.Y.CHANDRACHUD, A.A.SAYED
Sparebanken Sogn Og Fjordane – Appellant
Versus
M. V. Bos Angler – Respondent


JUDGMENT

DR. D.Y.CHANDRACHUD, J.:-

1. Admit, consent made returnable forthwith. The counsel appearing on behalf of the Responded waive service on behalf of the Respondents. By consent, the Appeal is taki up for hearing and final disposal.

2. This Appeal arises from judgment of a Learned Single Judge dated If October 2012 in a Motion which was out in an Admiralty Suit.

3. The suit in the admiralty jurisdiction of this Court has been instituted against a vessel, M.V. Bos Angler, and her owners for a decree in an amount of Norwegian Kroners 176.500 million equivalent to Rs. 143.43 Crores together with interest. The Plaintiff, in appeal in these proceedings, is a bank incorporated under the laws of Norway and seeks a declaration of the existence of a valid and subsisting first priority registered mortgage on the vessel. The Plaintiff sought arrest and sale of the vessel in the exercise of the jurisdiction in rem, and application of the sale proceeds towards the claim in the suit. The Third to Sixth Defendants were allowed to intervene in the suit in accordance with the provisions of Rule 949 of the rules framed by this Court on the Original Side and have since been impleaded as Defendan



















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