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2024 Supreme(Cal) 118

MOUSHUMI BHATTACHARYA
Grasim Industries Ltd. – Appellant
Versus
Owners and Parties Interested in the Vessel M V Marintrust – 01, (IMO 9783174) – Respondent


Advocates Appeared:
For the Plaintiff : Mr. K.R. Thaker, Mr. Soumik Kundu.
For the Defendant : Mr. Jishnu Chowdhury, Mr. Soumyadip Saha, Mr. Dwip Raj Basu, Mr. Anubhav Sinha, Mr. Nikhil Kr. Roy, Mr. Abhijit Sarkar.
For the Intervener : Mr. Pourush Bandopadhyay, Mr. Anirban Ghosh.
For the Kolkata Port Trust : Mr. Tilak Kr. Bose, Sr. Adv., Mr. Pranit Bag, Mr. Aditya Sarkar.

JUDGMENT :

Moushumi Bhattacharya, J.

1. This is an application filed by Marintrust Limited, a body formed and constituted under the appropriate laws of Republic of Bangladesh and having its office at Dhaka, who claims to be the Owner of the vessel M.V. Marintrust - 01, which is presently lying within the admiralty jurisdiction of this Court at Syama Prasad Mookerjee Port, Kolkata. The vessel was arrested in an admiralty suit instituted by the plaintiff nos. 1 and 2 for compensation on account of damages suffered by the plaintiffs.

2. The brief facts which led to the Order of Arrest are as follows. The vessel while at its berth in the Kolkata Port had capsized/listed on 23.03.2022 and the containers loaded in the vessel supplied and submerged in the water. The vessel was brought to an upright condition on 15.09.2022 and the cargo was recovered thereafter. The plaintiffs obtained an Order of Arrest on 29.9.2022 from a Co-ordinate Bench. The Co-ordinate Bench also passed an order dated 28.6.2023 for sale of the vessel on applications made by the plaintiffs for sale and appointment of Receiver. Joint Special Officers were appointed for conducting the sale and were also directed to file re

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