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1981 Supreme(Cal) 178

RAMENDRA MOHAN DATTA, CHANDAN KUMAR BANERJEE
Mohammed Saleh Behbehani & Company – Appellant
Versus
Bhoja Trader – Respondent


Advocates Appeared:
A. K. Sen, J. N. Ray, Tapas Banerjee, Rabindranath and R. C. Dutta, for Appellant
R. C. Deb, Jahar Goho, A. K. Datta and S. C. Ukil, for Respondent

JUDGMENT

Datta, J.: In this interlocutory application the appellant is asking for stay of the operation of the order of D. K. Sen, J. passed on May 4, 1981. After delivering his judgment the learned Judge ordered that the vessel would be released on furnishing security to the extent of United State Dollars 4450 in equivalent India rupee at the current exchange rate. It was directed that the security might be given in cask or by a Bank Guarantee within a week from the said date. The Registrar was to issue the instrument of release and the Marshal was to release the vessel on a signed copy of the minutes. The plaintiff was directed to pay the cost, expenses and remuneration of the Marshal.

2. Prior to that on April 25, 1981 on the application of the plaintiff appellant the learned Judge made an order for arrest of the vessel as follows ;-

"There will be an order in terms of prayers (a) and (b) of the affidavit. The Registrar, Origenal Side, is directed to issue the Writ of Arrest expeditiously. It is made clear that the defendants will be entitled to apply for release of the vessel on furnishing security. The plaintiff is directed to deposit with the Marshal Rs. 1,000/- at the first ins






























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