Proactive Ship Management Pvt. Ltd vs The Owners And Parties Interested
2024 Latest Caselaw 15 Cal/2

Calcutta High Court

Proactive Ship Management Pvt. Ltd vs The Owners And Parties Interested on 3 January, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                       IA No. GA-Com 1 of 2023
                         APOT No. 457 of 2023
                                 with
                            AS No. 6 of 2023
                  IN THE HIGH COURT AT CALCUTTA
                           In appeal from its
                      ADMIRALTY JURISDICTION
                   CIVIL APPELLATE JURISDICTION
                         (Commercial Division)



                  Proactive Ship Management Pvt. Ltd.
                                 Versus
                   The Owners And Parties interested
                   in the Vessel Green Ocean I & Anr.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 3rd January 2024


                                                                Appearance:
                                          Mr. Swatarup Banerjee, Advocate
                                               Mr. Shouveek Ray, Advocate
                                              Mr. Shariful Haque, Advocate
                                                  Mr. Niket Ojha, Advocate
                                                           for the appellant
                                         Mr. Reetobroto Kr. Mitra, Advocate
                                             Mr. Rudrajit Sarkar, Advocate
                                           Mr. Debangshu Dinda, Advocate
                                               Mr. Varun Kothari, Advocate
                                             Ms. Vansikha Newar, Advocate
                                                         for the respondent

The Court: Order in terms of prayer (a) of the stay petition.

We propose to dispose of the appeal today itself dispensing

with all formalities.

Mr. Reetobroto Mitra, learned advocate for the ship owner

assures the court that the vessel in question Green Ocean I, which is

registered in India would be plying within Indian territorial waters in

the islands under the Andaman And Nicobar administration.

The said administration including the port, customs and other

statutory authorities are directed to ensure that the vessel plies within

the above area.

Learned counsel also assures the court that no third party

interest would be created in respect of the said vessel.

The point that the suit ought to be dismissed on the grounds

mentioned in Order VII Rule 11 of the Civil Procedure Code is kept

open to be decided at the appropriate stage.

Any future liability incurred in respect of the said vessel would

abide by the judgment and decree to be passed in the suit.

We feel on the above condition the suit and any interim

application in support thereof may proceed before the learned single

judge. Any observations made by us are to be taken as tentative only.

The appeal (APOT 457 of 2003) and the connected application

(GA-Com 1 of 2023) are disposed of.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose