Emami Paper Mills Limited vs The Owners And Parties Interested In The ...
2025 Latest Caselaw 2046 Cal/2

Calcutta High Court

Emami Paper Mills Limited vs The Owners And Parties Interested In The ... on 26 August, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OCD-1
                                   ORDER SHEET


                              EC-COM/384/2025
                       IN THE HIGH COURT AT CALCUTTA
                            COMMERCIAL DIVISION
                                ORIGINAL SIDE

                 EMAMI PAPER MILLS LIMITED
                             VS.
   THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M. V. PH
             GIANG MINH (IMO NO.9481623) & ANR.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 26th August, 2025.

Mr. Ratnanko Banerji, Sr. Adv., Mr. Pranit Bag, Mr. Rohit Mukherji, Ms. Sristi Barman Roy, Mr. Satyaki Mitra, Advocates for the decree holder.

Mr. S. N. Mookerjee, Sr. Adv., Mr. Shaunak Mitra (VC), Mr. Shubhrajyoti Mookerjee, Mr. Rishabh Saxena, Mr. Souvik Kundu, Advocates for judgment debtor no.2.

The Court : This execution application has appeared in the list for the

first time on being assigned to this Bench, being the regular Bench taking

up the admiralty matters.

By an order dated 22nd July, 2025 this execution application was

heard by a Coordinate Bench when an order was passed. The operative

portion whereof is set out hereunder :

"12. In view of the above, the Judgment Debtors are restrained from proceeding in any Arbitration proceeding before London Maritime Arbitrators Association in connection with or arising out of the Fixture Note dated 26th June, 2024 against the Decree Holder and the Judgment Debtors are further restrained from taking any further steps against the Decree Holder on the basis of their notice dated 1st July, 2025 or any other steps in the Arbitration proceeding till 20 th August, 2025.

13. The Decree Holder/plaintiff is directed to serve the copy of execution application along with documents to the Judgment Debtors immediately and to file affidavit of service on the returnable date."

This interim order, however, has expired by efflux of time due to

change in determination and being released by the Coordinate Bench.

After hearing the parties it appears that the matter requires to be

heard after affording the alleged judgment debtor an opportunity to disclose

its stand on affidavit. At the same time the interim order which was in

subsistence is required to be reinstated till the matter is heard on affidavits.

I am also told that there has been no substantial change in circumstances

between the expiry of the interim order and till date.

In that view of the matter, the interim order which was passed on

22nd July, 2025 is reinstated with effect from this (26.08.2025) date. The

interim order shall continue till 11th November, 2025 or until further orders,

whichever is earlier.

Let affidavit-in-opposition be filed by 6th September, 2025; reply

thereto, if any, be filed by 18th September, 2025.

Let this matter appear on 22nd September, 2025.

(ARINDAM MUKHERJEE, J.)

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