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2013 Supreme(Mad) 2624

R.SUDHAKAR
Kasturi Commodities – Appellant
Versus
K. Shajahan, Proprietor of M/s. Sabah Ship Suppliers – Respondent


Advocates:
Cases Referred:
Navalkha and Sons v. Ramanuja Das and Others, AIR 1970 SC 2037
Bancorex S.A. v. Ocean Marine Services Co. Ltd. and others, AIR 1998 Mad 225
Allahabad Bank and others v. Bengal Paper Mills Co. Ltd. and others, (1999) 4 SCC 383
Kerala Financial Corporation v. Vincent Paul and another, 2011 (6) CTC 554
Valji Khimji and Company v. Official Liquidator of Hindustan Nitro Product (Gujarat) Limited and others, (2008) 9 SCC 299
Mettur Textiles Mill Quarters Residents' Welfare Society v. The Official Liquidator, High Court, 2012 (6) CTC 147

JUDGMENT :

1. Application No.3150 of 2013 is filed under Order XIV Rule 8 of the Original Side Rules and Order XLII Rule 11 of the Original Side Rules to permit the applicant to intervene in the suit C.S.No.222 of 2013 as person interested in the defendant Vessel - M.T.Chemical Arrow (for brevity, "the Vessel"), which is now lying at the Port of Kakinada, India.

2. Application No.3151 of 2013 is filed under Order XIV Rule 8 of the Original Side Rules and Order XLII Rule 11 of the Original Side Rules to recall the order dated 19.7.2013 in Application No.2170 of 2013 in C.S.No.222 of 2013 and accept the bid of the applicant.

3. Application No.3152 of 2013 is filed under Order XIV Rule 8 of the Original Side Rules and Order XLII Rule 50 of the Original Side Rules read with Section 151 of the Code of Civil Procedure to stay the operation of the order dated 19.7.2013 declaring Maritime Ventures Fund Ltd. as the successful bidder in terms of the Auction Notice dated 11.7.2013.

4. The Admiralty Suit is filed by the Ship Chandler for recovery of money amounting to Rs.54,65,190.50. Along with the suit, Application No.1597 of 2013 was filed for arrest of the Vessel and that was ordered on 4.4















































































































































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