Starlift Services Pvt. Ltd vs Alba Asia Pvt. Ltd And Anr
2023 Latest Caselaw 1602 Bom

                                                                                      17-ia-L- 28285-22.doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION

                                    INTERIM APPLICATION (L) NO. 28285 OF 2022
                                                      IN
                               COMMERCIAL EXECUTION APPLICATION (L) NO.28280 OF
                                                 2022

                        Starlift Services Pvt. Limited                          ..Applicant

                               In the matter between

                        Starlift Services Pvt. Limited                    ..Original Claimant

                                            v/s.

                        Alba Asia Private Limited                         ..Original Respondent

Ms. Ankita Singhania a/w. Mr. Ranjit Shetty with Ms. Priyanka Shetty, Ms. Avina Karnad i/b. Argus Partners for the Applicant/ Original Claimant. Mr. Omprakash Jha a/w. Shivani Kmumbhojkar i/b.The Law Point for the Respondent No.2 (NMPA).

CORAM : R.I. CHAGLA J DATED : 16th FEBRUARY, 2023.

P.C.

1. The learned Counsel appearing for the Applicant tendered has

Affidavit of the Applicant in Interim Application (L) No.28285 of 2022,

which Affidavit is dated 15th February, 2023 and is taken on record. The

reasons for moving the matter is that the Respondent No.2 is in the process

of selling the new Liebherr Mobile Cranes-400, and this can be seen from

the letter dated 23rd January, 2023 addressed by the Respondent No.2 to

M/s. HML Agencies Pvt. Ltd., who is the Custom House Agent, from whom

Digitally necessary permissions have been requested. signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2023.02.18 13:47:12 +0530

P P SALGAONKAR 1 of 2 17-ia-L- 28285-22.doc

2. In the Affidavit-in-Reply at Exhibit B is a copy of the letter dated 14 th

February, 2023 addressed by the Advocate of the Applicants informing

Respondent No.2 that any further steps taken, shall precipitate issues which

are presently subject matter of the present Interim Application filed by the

Applicant.

3. The learned Counsel for the Applicant/Plaintiffs states that the new

Liebherr Mobile Cranes-400 described above is the property of the

Judgment Debtor/Respondent No.1 and that the Award, of which execution

has been sought is for the principal sum of Rs.125 Crores along with

interest and costs which have been directed to be paid by the Respondent

No.1 in favour of the Applicant.

4. The anxiety expressed by the Advocate for the Claimant is that in the

event there is auction/ sale of the new Liebherr Mobile Cranes-400 then the

Award would be rendered as a mere paper decree.

5. The learned Counsel appearing for the Respondent No.2 has sought a

weeks time to file Affidavit-in-Reply to the Interim Application. The

Respondent No.2 shall file Affidavit-in-Reply within one week from today.

In view thereof, the Interim Application shall be placed on 27 th February,

2023. To be placed high on Board.

                                                                  (R.I.CHAGLA J)




P P SALGAONKAR                                                                            2 of 2