2017 (10) TMI 1059

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....two documents before the Court dated 29.05.2017 and one communication issued by the Superintendent dated 29.05.2017. In view of that urgency being posed, the urgent circulation was permitted to the learned advocate for the plaintiff. The documents are taken on record. Learned advocate Mr. Manav Mehta has also produced the undertaking before this Court dated 24.05.2017. The same is taken on record. 3. Having heard learned advocate for the plaintiff, the following order is passed : 4. The matter was last listed for hearing on 29.05.2017 and at request of Ms. Paurami Sheth appearing for the Caveator the matter was adjourned to 31.05.2017. Mr. Manav Mehta appearing for the plaintiff mentioned the matter today requesting to prepone the mat....

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....hrain Vision at the Port of Dahej or such other place wherever she may be within the territorial waters of India and I do further order that in the event of the defendant and/ or those interested in her depositing in this Hon'ble Court of sum of Rs. 3,72,21,880/together with further interest thereon at the rate of 2% per month on Rs. 3,72,21,880/from 31.05.2017 until payment the said amount to plaintiff, Warrant of Arrest shall not be executed against the defendant vessel M V Bahrain Vision. 6. It is submitted that between 06.02.2017 to 09.05.2017, plaintiff has acted as a Subagent of Norgas Carrier Private Limited with respect to sister vessels of the Defendant Vessel that arrived at different ports. Under the circumstances, plainti....

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....and on account of such failure to pay the service tax, the plaintiff has become liable to pay such amount of service tax to the Government of India out of its own pocket. 9. That if the arrest is not granted irreparable harm will be caused to the plaintiff in as much as it would be obligated to pay service tax amount as per notification and on the other hand it would not be in a position to recover the same from Norgas Carrier Private Limited since it is a foreign entity and it does not have any asset or base in India. Therefore, it is utmost necessary to arrest the Defendant Vessel. The Plaintiff is therefore constrained to file the present suit as the Defendant Vessel is presently at Dahej. 10. Ms. Paurami Sheth entered Caveat for D....