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2015 Supreme(Guj) 373

V.M.PANCHOLI
M. V. Cape Climber – Appellant
Versus
Glory Wealth Shipping – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Bhadrish S. Raju, Advocate
For Respondents/Defendant:Mihir Thakore, Senior Advocate and Paurami B. Sheth, Advocate

JUDGMENT

V.M. Pancholi, J.

1. Rule. Learned advocate Ms. Paurami B. Sheth waives service of notice of Rule for the respondent - original plaintiff.

2. The applicant - original defendant has filed this application for the following relief/s:

"A. That the ex parte order of arrest of the Defendant Vessel dated 29th December 2014 be vacated and/or set aside; and/or

B. Rejection of the plaint under Order 7, Rule 11(a) and/or (d); and/or

C. That pending the hearing and final disposal of the instant Original Jurisdiction Civil Application, this Hon'ble Court be pleased to pass the following orders at the ad interim stage itself:

I. Order directing the Plaintiff to pay port anchorage charges imposed by the Mundra port authorities in substitution of the Applicant and/or

II. Order allowing the Defendant Vessel to sail under arrest to the Kandla Port and/or

III. Order directing the Mundra Port authorities to levy reasonable port anchorage charges with respect to the Defendant Vessel.

D. Costs of this application be provided for; and/or"

3. This Court by an order dated 29.12.2014 in Admiralty Suit No. 30 of 2014 directed the Port Authority and the Customs Authorities at Mundra to arrest the defendant ves
















































































































































































































































































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