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2023 Supreme(Bom) 264

K. R. SHRIRAM, RAJESH S. PATIL
MV Golden Pride – Appellant
Versus
GAC Shipping (India) Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shyam Kapadia, Kunal S. Gaikwad.
For the Respondents: Bimal Rajasekhar, Ridhi Nyati, V.K. Ramabhadran, Ajai Fernandes, Deepak Motiwalla, Rooshesh Motiwalla.

JUDGMENT :

K.R. SHRIRAM, J.

COMMERCIAL APPEAL NO. 55 OF 2022

1. Appellant in both these appeals is impugning a common order and judgment passed by the learned single Judge of this court on 24th March 2021 in two Interim Applications, viz. Interim Application (L) No. 8290 of 2021 and Interim Application (L) No. 7724 of 2021. Interim Application (L) No. 7724 of 2021 was filed by the auction purchaser of appellant/vessel MV Golden Pride which was allegedly owned by one Golden Star Marine FZE. Interim Application (L) No. 8290 of 2021 is filed at the instance of one Golden Star Marine FZE allegedly the owner of MV Golden Pride. Though it is not clear why two separate appeals have been filed, we are only concerned with the impugned order so far as it relates to Interim Application (L) No. 8290 of 2021 filed by Golden Star Marine FZE. The vessel MV Golden Pride (the said vessel) is no more a vessel since it has been sold in auction by the court and the said vessel has already been scrapped. Mr. Kapadia stated he was not pressing that issue of said vessel being sold for scrapping and not as a trading vessel.

2. It is the case of Golden Star Marine FZE (hereinafter referred to as “appellant”) t

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