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2024 Supreme(Ori) 2

V. NARASINGH
Paradip International Cargo Terminal Pvt. Ltd. – Appellant
Versus
M. V. Debi – Respondent


Advocates:
Mr. P.N. Kamat, Advocate assisted by Mr. S.S. Mohanty, Advocate, for the Plaintiff; Mr. K. Thakar, Sr. Advocate assisted by Mr. R. Mukharjee, Advocate and Mr. A. Mohanty, Advocate, for the Defendant.

ORDER

I.A No.6 of 2024

V. Narasingh, J.

 This is an application filed by the Defendant.

2. In I.A No.1 of 2024 arising out of the present suit was filed seeking arrest of the Defendant-Vessel. And, by order dated 23.02.2024 this Court directed for arrest, recall of which is being sought by the Defendant by filing present I.A No.6 of 2024.

3. Relevant extracts of the cause title and the prayers made in the I.A are culled out hereunder for convenience of reference:

    'IN THE MATTER OF :

    An application for the release of the Vessel which was arrested by the Order Dt.23.03.2024 of this Hon'ble Court in ADMLS No.1 of 2024

    IN THE MATTER OF :

    An application for the Release of the Vessel under Section 5 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 read with Section 151 of the Code of Civil Procedure, 1908.'

    'xxx xxx xxx

    1. The order dated February 24, 2024, passed in ADMLS No.1 of 2024 be vacated and/or recalled;

    2. To direct release of the Vessel M.V. DEBI upon furnishing of appropriate security without prejudice to the right and contentions of the Vessel and her owners for the period upto and until 30.11.2023 at the first instance as an ad-interim measure;

    3. The suit bei

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