The Owners and Parties Interested in the Vessel M.V. Osm Arena Vs. Shinhan Capital Co. Ltd. - Court Judgment

Excerpt:
the court : by the administrative order of the honble chief justice dated 11th may, 2010, g.a. no.1607 of 2010 a.s. no.3 of 2010 was assigned to me. i entertained ga no.1607 of 2010 and passed an order for appraisement of the concerned vessel. such application is pending. it may be mentioned that such application was taken out by the plaintiff/petitioner. learned counsel for the owner of the vessel obtained leave to move an urgent application concerning the vessel today, after submitting that the entire proceedings connected with as no.3 of 2010 were assigned to me. accordingly, such leave was granted. i directed the urgent application, which was subsequent to the leave numbered as ta/67/10, to appear in my list today as new motion. it has so appeared. at the time of moving of this application by the defendant owner, learned counsel for the plaintiff/petitioner submitted that only ga no.1607 of 2010 had been assigned to me and not the entire proceedings. therefore, i had no determination to take up the matter. learned senior advocate appearing for the defendant owner submits that the entire proceedings including as no.3 of 2010, being the suit has been assigned to me. one of the prayers in their application is for setting aside of my order for appraisement of the vessel. i note that the order of arrest of the vessel was passed in another application, ga no.510 of 2010, which is not assigned to me. therefore, if the instant application filed by the defendant owner has to be considered and allowed, my order for appraisement for the vessel as well as the order for arrest in ga no.510 of 2010 have to be set aside or modified. in view of this situation and conflicting arguments, i am not entertaining ta/67/10 today. let the file along with this order be placed before the honble the chief justice for necessary orders/directions. only after such directions/orders are obtained, i am prepared to entertain this application. liberty to mention let this file along with this order be sent to the office of the honble the chief justice by today. department and all parties concerned are to act on a signed photocopy of this order upon the usual undertakings.

Judgment:
The Court : By the administrative order of the Honble Chief Justice dated 11th May, 2010, G.A. No.1607 of 2010 A.S. No.3 of 2010 was assigned to me. I entertained GA No.1607 of 2010 and passed an order for appraisement of the concerned vessel.

Such application is pending. It may be mentioned that such application was taken out by the plaintiff/petitioner. Learned Counsel for the owner of the vessel obtained leave to move an urgent application concerning the vessel today, after submitting that the entire proceedings connected with AS No.3 of 2010 were assigned to me.

Accordingly, such leave was granted. I directed the urgent application, which was subsequent to the leave numbered as TA/67/10, to appear in my list today as New Motion. It has so appeared. At the time of moving of this application by the defendant owner, learned Counsel for the plaintiff/petitioner submitted that only GA No.1607 of 2010 had been assigned to me and not the entire proceedings. Therefore, I had no determination to take up the matter.

Learned Senior Advocate appearing for the defendant owner submits that the entire proceedings including AS No.3 of 2010, being the suit has been assigned to me. One of the prayers in their application is for setting aside of my order for appraisement of the vessel. I note that the order of arrest of the vessel was passed in another application, GA No.510 of 2010, which is not assigned to me.

Therefore, if the instant application filed by the defendant owner has to be considered and allowed, my order for appraisement for the vessel as well as the order for arrest in GA No.510 of 2010 have to be set aside or modified. In view of this situation and conflicting arguments, I am not entertaining TA/67/10 today.

Let the file along with this order be placed before the Honble the Chief Justice for necessary orders/directions. Only after such directions/orders are obtained, I am prepared to entertain this application. Liberty to mention Let this file along with this order be sent to the office of the Honble the Chief Justice by today. Department and all parties concerned are to act on a signed photocopy of this order upon the usual undertakings.