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2022 Supreme(Bom) 10

B.P.COLABAWALLA
Angre Port Private Ltd – Appellant
Versus
TAG 15 (IMO. 9705550) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Prathamesh Kamat a/w Pooja Tidke, Krushi Barfiwala, Ryan Menedes i/b Parinam Law Associates
For the Respondent: Mr. Amir Arsiwala, Mr. Dhrupad Vaghani, Ms. Naveli Reshamwalla, Mr. Ajiz M.K., Farzeen Pardiwalla, Nidhi Shah i/b Economic Law Practices

JUDGMENT :

1. The above Interim Application is filed under the provisions of Order XIII-A read with Order XII Rule 6 of the Code of Civil Procedure, 1908 (for short the “CPC”) seeking a summary judgment against the 1st Defendant Vessel in the sum of Rs.9,37,19,098/- together with interest @ 18% p.a. from 18th December, 2020 till payment and/or realization plus poundage. The basic premise on which the aforesaid relief is sought is that the Defendants have not only admitted/confirmed the dues of the Applicant/Plaintiff but in any event the claim of the Applicant/Plaintiff is really undisputed, and the Defendants have no real prospect of successfully defending the claim of the Applicant/Plaintiff. It is in these circumstances that a summary judgment is sought against the 1st Defendant Vessel. For the sake of convenience, I shall refer to the parties as they are arrayed in the suit.

2. The above suit is filed invoking the Admiralty Jurisdiction of this Court inter alia seeking a judgment and decree against the 1st Defendant Vessel – Tag-15 (IMO. 9705550) in the sum of Rs.9,37,19,098/

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