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2011 Supreme(Guj) 33

ANANT S.DAVE
CROFT SALES AND DISTRIBUTION LTD. – Appellant
Versus
M. V. BASIL IMO NO. 7532650 – Respondent


Advocates Appeared:
Mr. S.N. Soparkar, Senior Advocate with Mr. Bharat T. Rao for the plaintiff.
Mr. Mihir Joshi, Senior Advocate, with Mr. R.J. Oza, Mr. Amitav Majmudar and Mr. Aditya Krishnamurthy for defendant Nos. 1 and 18
DS AFF.NOT FILED (N) for Defendant(s) : 2 - 3,7 - 10.
MR YN RAVANI for Defendant(s) : 11,
MS AMEE YAJNIK for Defendant(s) : 14,
MR DIPEN A DESAI for Defendant No.17

JUDGMENT

1 Plaintiff-company has filed the present suit claiming the following relief:

“[A] That this Hon’ble Court be pleased to, during the pendency of arbitration proceeding pending at London, to arrest and detention of M.V. BASIL with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, fixtures, appurtenances and paraphernalia, at present lying at harbor at Alang Anchorage, Bhavnagar, in order to secure, the plaintiff claim as per the particulars of claim at Annexure-A.

[B] That the defendant No.1 Vessel M.V. BASIL together with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, fixtures, appurtenances and paraphernalia, at present lying at harbor at Alang Anchorage, Bhavnagar, be arrested by warrant of arrest of this Honourable Court and the same be condemned in respect of the claim herein and be ordered to be sold along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, fixtures, appurtenances and paraphernalia, at present lying at harbor at Alang Anchorage, Bhavnagar, and the net sale proceeds thereof be ordered to be applied to the satisfaction of the plaintiff’s claim herein


































































































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