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2024 Supreme(Bom) 1088

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
OSV Crest Mercury 1 (IMO 9724398) – Appellant
Versus
Vision Projects Technologies Pvt Ltd – Respondent


Advocate Appeared:
For the Appellant :Mr. Ashwin Shanker with Rishi Murarka, Kunal Naik, Advocates
For the Respondent:Mr. Prathamesh Kamat with Abhimanyu Singh, Kayush Zaiwala i/b Priyanka Patel, Advocates

JUDGMENT :

B.P. Colabawalla, J.

The above Commercial Appeal is filed challenging the judgement dated 27th July 2022 passed by the learned Single Judge of this Court (N. J. Jamadar, J). By the impugned judgement, the Interim Application filed by the Original Defendant - OSV Crest Mercury 1 (IMO 9724398), seeking unconditional release of the order of arrest dated 21st June 2021 was rejected, but the amount of security to be provided [by the Defendant] for the release of the vessel was reduced by:

    (a) Rs. 23 lakhs towards the claim of Unique Marine Services.

    (b) USD 12697.96 towards claim of Bureau Veritas.

    (c) Rs. 12,27,031/- towards the claim of Indian Register of shipping.

    (d) Rs. 1,78,180/- towards claim of Triton Diving Services.

2. The reduction of security as regards Item (c) and (d) above, was subject to the rights and contentions of the parties.

3. Before we delve into whether the impugned judgement requires any interference in appeal, a brief narration of facts would be necessary. For the sake of convenience, we shall refer to the parties as they were arrayed before the Learned Single Judge.

4. Vision Projects Technologies Private Limited (Vision Projects - the Plaintiff) instituted

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