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