Banque Cantonale De Geneve vs Owners And Parties Interested In ...
2021 Latest Caselaw 18149 Mad

                                                                           O.S.A.(CAD) No.28 of 2021

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:     03.09.2021

                                                           CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                            AND
                                        THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
                                                O.S.A.(CAD) No.28 of 2021


                    Banque Cantonale De Geneve,
                    Office at Case Postale 2251,
                    1211 Geneve 2,
                    rep. By its Power of Attorney
                    V.Padmanabhan                                    ...   Appellant

                                 Vs

                    Owners and Parties interested in the
                      Vessel M.V.Polaris Galaxy,
                    having IMO 9339648, now lying at the outer
                    anchorage of the Port of Tuticorin,
                    Tuticorin 628 004, rep. By its Master. ...             Respondent

                          Appeal filed against the order dated 06.07.2021 in A.Nos.1025
                    and 1855 of 2021 in C.S.No.96 of 2021 and direct the respondent to
                    furnish a bank guarantee in compliance with the order dated 30 April
                    2021 with a provision for invocation of the guarantee in the event of
                    non-renewal before the expiry thereof; and to prevent the sailing of
                    the said vessel until a bank guarantee is executed as per the orders
                    passed by this court.


                               For the Appellant       :      Mr.Z.Bharucha,
                                                              for Mr.S.Raghunathan

                               For the Respondent      :      Mr.Amitava Majumdar,
                                                              for Ms.Deepika Murali



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                                                                                O.S.A.(CAD) No.28 of 2021




                                                       JUDGMENT

(Delivered by the Hon'ble Chief Justice)

Since Mr.Z.Bharucha appearing for the plaintiff appellant

accepts that the appropriate corrigendum has now been issued, the

matter is closed. O.S.A.(CAD) No.28 of 2021 is disposed of by setting

aside the order impugned.

2. A memorandum indicating that the corrigendum was

executed to the satisfaction of the Registry, on September 1, 2021,

has been filed by the respondent herein.

3. In view of the corrigendum issued and the bank guarantee

now being renewed automatically, the affidavit dated July 5, 2020

filed on behalf of the respondent before the trial court need not be

acted upon any further.

4. C.M.P.No.10350 of 2021 is closed. There will be no order as

to costs.

                                                                        (S.B., CJ.)       (P.D.A., J.)
                                                                                   03.09.2021


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Index : yes/no tar

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THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar)

O.S.A.(CAD) No.28 of 2021

03.09.2021

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