Hypo Alpe-Adria Bank International AG v. Coramandel International Limited
Case at a glance
Key paragraphs
- Para 22. The learned Counsel for the appellants places on record the copy 2 app. (Lodg.)256-11.sxw of the order dated 20th May, 2011 of the learned Vacation Judge in Notice of Motion No.2714 of 2010 confirming the sale of the vessel in question, m.v. Glory-1 for…
- Para 33. In the absence of any opposition to the above submissions, we find substance in the submissions of the appellants. We accordingly dispose of Appeal Lodging No.256 of 2011 in terms of the interim order dated 25th May, 2011. It will be open to the…
- Para 55. Appeal accordingly stands disposed of. CHIEF JUSTICE GIRISH S. GODBOLE, J.
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.256 OF 2011 IN NOTICE OF MOTION NO.1026 OF 2011 IN ADMIRALTY SUIT NO.33 OF 2010 Hypo Alpe-Adria Bank International AG ..Appellants Versus Coramandel International Limited ..Respondents Mr. V.K. Ramabhadran, for the appellants. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. Wednesday, 8 th June, 2011 PC: This appeal is directed against the orders dated 7th April, 2011 and 20th April, 2011 of the learned trial Judge in Notice of Motion No.1026 of 2011. By order dated 25th April, 2011 this Court had directed the appellants to deposit a sum of Rs.5.00 lakhs with the Deputy Sheriff and subject to the compliance with the above direction, the operation of the impugned order was stayed in so far as the appellant is required to deposit a sum of Rs.15.00 lakhs. The said order was passed without prejudice to the rights and contentions of the parties.
The learned Counsel for the appellants places on record the copy 2 app. (Lodg.)256-11.sxw of the order dated 20th May, 2011 of the learned Vacation Judge in Notice of Motion No.2714 of 2010 confirming the sale of the vessel in question, m.v. Glory-1 for a sum of Rs.13,32,00,000/- in favour of M/s.Karnak Holdings Limited. The learned Counsel submits that in view of the above development no further charges are required to be paid by the appellants and respondents, therefore, the appeal may be disposed of in terms of the interim order dated 25th April, 2011 as Notice of Motion No.1026 of 2001 is still pending before the learned trial Judge.
In the absence of any opposition to the above submissions, we find substance in the submissions of the appellants. We accordingly dispose of Appeal Lodging No.256 of 2011 in terms of the interim order dated 25th May, 2011. It will be open to the parties to obtain appropriate orders from the learned trial Judge in respect of the deposit of Rs.5.00 lakhs and/or any other claim of either party or the Sheriff.
Liberty to apply in case of any difficulty.
Appeal accordingly stands disposed of. CHIEF JUSTICE GIRISH S. GODBOLE, J.
Precedent status how later indexed judgments have treated this case
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