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2018 Supreme(Cal) 639

ASHIS KUMAR CHAKRABORTY
Quick Time General Trading LLC – Appellant
Versus
Owners and Parties Interested In The Vessel M. T. Aquarius – Respondent


Advocates Appeared:
For the Applicant : Mr. Ranjan Bachawat, Sr. Adv., Mr. Sayantan Basu, Adv., Mr. Sarosij Sengupta, Adv., Mr. Debdutta Raha, Adv., Mr. Pawan Maheswari, Adv.
For the Respondent: Mr. Rotnanko Banerjee, Sr. Adv., Mr. Swatarup Banerjee, Adv., Mr. Subhojit Roy, Adv.

JUDGMENT :

Ashis Kumar Chakraborty, J.

1. The application, G.A. No. 2303 of 2018 is at the instance of Fareast Marine Service Hongkong Ltd., a company carrying on business from 902 Shun Kwong Commercial Building, 8, Des Voeux Road West, Hongkong (hereinafter referred to as “the applicant”), who caims itself to be the Bareboat Charterer of the vessel ‘M.T.ACQUAIUS’. The applicant has prayed for, inter alia, vacating of the order dated August 10, 2018 passed by this Court in G.A. No. 2260 of 2018 filled by the plaintiff. By the said order, this Court directed the Marshall to arrest the vessel ‘M.T.ACQUAIUS’ (hereinafter referred to as the “defendant vessel”) presently berthed at Haldia Port. The plaintiff in the suit, however, presses its application G.A. No. 2260 of 2018 and prays for extension of the said order dated August 10, 2018. Thus both the applications are taken up for hearing.

2. The facts leading to the application, G.A. No. 2303 OF 2018 are that on August 10, 2018 the plaintiff filed the admiralty suit claiming, inter alia, a decree for a sum of AED 15,251,702.60, equivalent to INR 28,06,31,328 and arrest of the defendant vessel. In the suit the plaintiff also filed an appl
















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