IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (ORDINARY ORIGINAL ADMIRALTY JURISDICTION) THURSDAY, THE TWENTY SECOND DAY OF JULY, TWO THOUSAND AND TWENTY ONE // PRESENT // THE HONOURABLE SRI JUSTICE M. VENKATA RAMANA

COMS. No. 1 & 2 of 2020 AND No. 3 of 2019 C.S.

COMS. No. 1 of 2020:-

(UNDER ORDER XLII RULE 2 OF ORIGINAL SIDE OF ITS ADMIRALITY JURISDICTION) Between :-

• 1. North of England Protection and Indemnity Association Limited (NEPIA), registered under the laws of United Kingdom having their office at 100 The Quayside, Newcastle Upon Tyne, NE1 3DU.
• 2. Dilbagh Singh Gahlaut, aged 63 years, an Indian national, Master of M.V. DARSHANI PREM, having his address at D - 103, Maestros, Salunke Vihar Road, Wanawadi, Pune - 411040 - represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 3. Man Singh, aged 52 years, an Indian national, Chief Officer of M.V. DARSHANI PREM, having his address at House No - 854, Near Jeevan Jyoti School, Post & Dist. Palwal -121102 represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 4. Sakthivignesha Murugesan, aged 27 years, an Indian national, Second Officer of M.V. DARSHANI PREM, having his address at 49A Thilgar Street, Adivaram, Palani - 624601, Tamil Nadu, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 5. Niraj Kumar, aged 24 years, an Indian national, Deck Cadet of M.V. DARSHANI PREM, having his address at 4H/2B Colony, Bhoothnath Road, Patna - 800026 represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 6. Samir Kumar Shaw, aged 62 years, an Indian national, Chief Engineer of M.V. DARSHANI PREM, having his address at Village & PO-Rasapunja, Bakhrahat Road, Dist-South 24 parganas, West Bengal. PS-Bishnupur, Pin-700104, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative, Mr. Sunil D'souza.
• 7. Mohan, aged 30 years, an Indian national, Second Engineer of M.V. DARSHANI PREM, having his address at House No.526, Ward No. 15 Vishwakarma Colony, Meham Road, Gohana Dist, Sonepat State, Haryana-131301, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative, Mr. Sunil D'souza.
• 8. Prashant Pravin Kalamkar, aged 23 years, an Indian national, Second Engineer of M.V. DARSHANI PREM, having his address at House No.619, Ashok Nagar, Kahhan, Thsl - Parseoni, Dist-Nagpur. Pin- 441401, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 9. Veera Raju Kintada, aged 38 years, an Indian national, ETO of M.V. DARSHANI PREM, having his address at Urlam (POST AND VILLAGE), Narasannapeta (Mandal), Srikakulam (Dist) Pin Code - 532425, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.

Contd..2...

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जायते

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10.Glyton S Fernando, aged 30 years, an Indian national, TR ETO of M.V. DARSHANI PREM, having his address at S/O Selvaraj Fernando, 2/135, West Street, Punkkayal- 628151, Tuticorin (Dist), Tamil Nadu represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative, Mr. Sunil D'souza.

$\mathsf{Z}$

• 11. Dharmendra Kumar, aged 25 years, an Indian national, AB of M.V. DARSHANI PREM, having his address at Village - Naya Gram Jamunipur PO + PS. - Maner, Dist. Patna, Bihar Pin- 801108, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 12. Hiren Rajeshkumar Tandel, aged 21 years, an Indian national, TR OS of M.V. DARSHANI PREM, having his address at AT Post- Kosamba Machniwad, Mahadev Street, Valsad - 396001 Gujarat, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 13. Sikandarbhai Tandel, aged 24 years, an Indian national, TR OS of M.V. DARSHANI PREM, having his address at AT Post- Karwadi Mandir Fariya TA, Valsad - 396385, Gujarat, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 14. Rajkumar S Sawant, aged 32 years, an Itoman national, Motorman of M.V. DARSHANI PREM, having his address at - Katwan P.O.- Kunkeshwar, Taluk, Devgad Dist. - Sindhung State Mahārāshtra, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'Souza.
• 15.Arvind Kumar Kharwar, aged 28 years, an Indian national, Motorman of M.V. DARSHANI PREM, having his address at Village & PO- Dahendu Dist. - Ghazipur, Uttar Pradesh represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 16. Niraj Kumar, aged 31 years, an Indian national, Motorman of M.V. DARSHANI PREM, having his address at AT + POST - Lalshapur P.S.- Mabbi Dist. -Darbhanga Bihar, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 17. Ajay Kumar Oraon, aged 30 years, an Indian national, Wiper of M.V. DARSHANI PREM, having his address at Village, Khatanga P.O.- Gage P.S. -Kanke Dist. Ranchi Pin - 834006, Jharkhand represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 18. Sujit Mondal, aged 35 years, an Indian national, Cook of M.V. DARSHANI PREM, having his address at Village + PO- Kamarhati, PS- Dhubulia, Dist- Nadia, Pin-741154, West Bengal, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 19. Anjan Manna, aged 24 years, an Indian national, TR Cook of M.V. DARSHANI PREM, having his address at Vill + PO- Sudampur, PS- Moyna, Dist- Purba, Midnepur, Pin - 721644, West Bengal, represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'souza.
• 20. Naveen Kumar, aged _27 years, an Indian national, 4^th Engineer of M.V. DARSHANI PREM, having his address 8/1020, S.S. Avenue, Mummorthy Nagar, Tirupur 641602 represented by North of England Protection and Indemnity Association Limited (NEPIA), as Power of Attorney holders through their authorized representative Mr. Sunil D'Souza.

.....Plaintiffs

3

1. M.V. DARSHANI PREM (IMO No. 9471824), Offshore Supply Vessel flying the flag of India and presently at the port and harbour of Kakinada within the territorial waters of India and within the Admiralty Jurisdiction of this Hon'ble Court, together with her hull, engines, gears, tackle, machinery, articles, things, boats, bunkers, apparel, plant, furniture, fixtures, equipment, paraphernalia and all other appurtenances and all interested in her.

2. Mercator Limited, Company registered under the Companies Act having registered office at 3rd Floor, Mittal Tower, B-Wing, Nariman Point, Mumbai, Maharashtra 400021.

3. Kakinada Seaports Limited, Kakinada, Andhra Pradesh, Rep. by Port Officer.

...Defendants.

Whereas the plaintiffs above named filed this Commercial Suit through their Advocate Sri S.V.S.S. Siva Ram, under Order XLII Rule 2 of Original side of its Admiralty Jurisdiction, praying that in the circumstances stated in the plaint filed herein;

• a. For an Order and decree against the Defendant Nos.1 and 2 jointly and severally in the sum of INR 1,61,94,345/- (Indian National Rupees One Crore Sixty One Lakhs Ninety Four Thousand Three Hundred and Forty Five only) together with interest thereon at the rate of 12% per annum from the date of the institution of the suit till the date of payment and / or realization:
• b. That the Defendant No.1 vessel, M.V. DARSHANI PREM along with her hull, engines, gears, tackle, machinery, articles, things, boats, bunkers, apparel, plant, furniture, fixtures, equipment, paraphernalia and all other<br>appurtenances at present lying in the port and harbour of Kakinada, within the territorial waters of India, be arrested by a Warrant of Arrest of this Hon'ble Court and the same be condemned in respect of the claim herein and ordered to be sold along with her hull, engines, gears, tackle, machinery, articles things, boats, bunkers, apparel, plant, furniture, fixtures, equipment, paraphernalia and all other appurtenances and the net sale proceeds be applied to the satisfaction of Plaintiffs' claim in the Suit:
• c. That pending the final hearing and disposal of this Suit, the Defendant No.1 vessel M. V DARSHANI PREM, together with her hull, engines, gears, tackle, machinery, articles, things boats, bunkers, apparel, plant, furniture, fixtures, equipment, paraphernalia and all other appurtenances at present lying at the port and harbor of Kakinada within the territorial waters of India, or wherever she is within the territorial waters of India, be arrested by a Warrant of Arrest of this Hon'ble Court;
• d. That pending the final hearing and disposal of this Suit, the Defendant No.1 vessel M.V. DARSHANI PREM, together with her hull, engines, gears, tackle, machinery, articles, things, boats, bunkers, apparel, plant, furniture, fixtures, equipment, paraphernalia and all other appurtenances at present lying at the port and harbor of Kakinada, Andhra-Pradesh within the territorial waters of India, or wherever she is within the territorial waters of India be ordered to be appraised and sold and the net Sale Proceeds thereof be ordered to be deposited in this Hon'ble Court to the credit of Plaintiffs' claim;
• e. For interim and ad-interim orders in terms of prayers (b, c and d)above;
• f. For costs of the Suit and Sheriff's poundage;

Contd...4...

COMS. No. 2 of 2020

(UNDER ORDER XLII RULE 2 OF ORIGINAL SIDE OF ITS AMIRALITY JURISDICTION) Between :-

• 1. Capt. Dilbagh Singh Gahlaut, aged 63 years Nationality- Indian Master of Defendant No. 1, Presently on board the Defendant No. 1 Vessel, residing at D-103, Maestros, Salunke Vihar Road, Wanawadi, Pune -411040
• 2. Man Singh, aged 52 years, Nationality- Indian, Chief Officer of Defendant No. 1, Presently on board the Defendant No. 1, Vessel residing at House No. 854, Near Jeevan Jyoti School, Krishna Colony, Post and Dist. Palwal-121102, Haryana, Through POA Holder, Capt. Dilbagh Singh Gahlaut
• Sakthivignesh Murugesan, aged 27 years Nationality-Indian 2^nd Officer of<br>Defendant No. 1, Presently on board the Defendant No. 1, Vessel residing at 49A, Thilgar Street, Adivaram, Palani- 624601, Tamilnadu, Through POA Holder, Capt. Dilbagh Singh Gahlaut.
• 4. Samir Kumar Shaw, aged 62 years Nationality- Indian Chief Engineer of Defendant No. 1, Presently on board the Defendant No. 1, Vessel residing at VilliPO- Rasapunja, Bakhrahat Road, Dist- South 24, Parganas, PS-Bishnupur, West Bengal, Pin- 700 104, Through POA Holder, Capt. Dilbagh Singh Gahlaut.
• 5. Hardikkumar Ishwarbhai Patel, aged 33 years Nationality- Indian, Third Engineer of Defendant No. 1, Presently on board the Defendant No. 1, Vessel residing at 42, Mandir Faliya, At PO Shankar Talav, Taluk, Dist. VALSAD, Gujrat-396375 Through POA Holder Capt. Dilbagh Singh Gahlaut
• 6. Glyton Selvaraj Fernando, aged 30 years, Nationality- Indian, Tr.ETO of Defendant No. 1, Presently on board the Defendant No. 1, Vessel residing at 2/135, West Street, Punnkkayal - 628151, Tuticorin (Dist), Tamilnadu, Through POA Holder Capt. Dilbagh Singh Gahlaut
• 7. Rohit Thakur, aged 25 years, Nationality- Indian, Able Seaman of Defendant No. 1, Presently on board the Dependant No. 1, Vessel residing at GWAL, Goan Ward No.1, District Pithoragarh, Uttarakhand- 262645, Through POA Holder, Capt. Dilbagh Singh Gahlaut.
• Dharmendra Kumar, aged 25 years, Nationality- Indian, AB of Defendant No. Presently on board the Defendant No. 1, Vessel residing at Village,<br>Naya Gram Jamunipur, Post + PS- Maner, Dist. Patna, Bi Through POA Holder Capt. Dilbagh Singh Gahlaut.
• 9. Rajkumar Sundar Sawant, aged 32 years, Nationality- Indian, Motorman of Defendant No. 1, Presently on board the Defendant No. 1 Vessel, residing at Kunkeshwar, Sindhudurg, State- $\mathsf{P}.\mathsf{O}.$ Taluk-Devgad, Dist. Katwan Maharashtra, Through POA Holder, Capt. Dilbagh Singh Gahlaut.
• 10. Niraj Kumar, aged 31 years Nationality- Indian, Motorman of Defendant No. 1, Presently on board the Defendant No. 1 Vessel, residing at Post-Lalshapur, P.S. Mabbi, Dist. Darbhanga, Bihar, Through POA Holder, Capt. Dilbagh Singh Gahlaut.
• 11. Arvind Kumar Kharwar, aged 28 years, Nationality- Indian, Motorman of Defendant No. 1, Presently on board the Defendant No. 1, Vessel residing at Village & PO-Dahendu, Dist. Ghhazipur, Uttar Pradesh, Through POA Holder Capt. Dilbagh Singh Gahlaut.
• 12. Hiren Rajeshkumar Tandel, aged 21 years, Nationality- Indian, Tr. OS of Defendant No. 1, Presently on board the Defendant No. 1, Vessel residing at Post- Kosamba Machniwad, Mahadev Street, Valsad-396001, Gujarat Through POA Holder Capt. Dilbagh Singh Gahlaut
• 13. Sikandarbhai Bhagwanbhai Tandel, aged 24 years Nationality- Indian, Third Engineer of Defendant No. 1, Presently on board the Defendant No. 1,<br>Vessel residing at Post - Karwadi Mandir, Fariya TA, Valsad-396385, Gujrat<br>Through POA Holder Capt. Dilbagh Singh Gahlaut.
• 14. Sujit Mondal, aged 35 years, Nationality- Indian, 2^nd Cook of Defendant No.<br>1, Presently on board the Defendant No. 1 Vessel residing at Vill PO-Kamarhati, PS- Dhubulia, Dist- Nadia, Pin-741154, West Bengal, Through POA Holder Capt. Dilbagh Singh Gahlaut.

15.Anjan Manna, aged 24 years, Nationality- Indian, Tr.Cook, Third Engineer of Defendant No. 1 Presently on board the Defendant No. 1 Vessel, residing at Village & PO-Sudampur, PS-Moyna, Dist-Purba Midnepur, PIN-721644, West Bengal, Through POA Holder Capt. Dilbagh Singh Gahlaut.

..Plaintiffs

AND

• 1.M.V. DARSHANI PREM (IMO No. 9471824), An Indian River-Sea Vessel, Registered At Mumbai and the Dredger together with her hull, engines, gears, tackle, Machinery, bunkers, apparel, plant, furniture, fixtures equipment and all Other appurtenances, Presently lying up state at KAKINADA, Port of Deep Water(DW).
• 2.MERCATOR LIMITED, Company Identification Number, L63090MH1983PLCO31419, Having its address at 83-87, 8^th Floor, Mittal Tower, B. Nariman Point, Mumbai-400021, India Email [email protected]

.....Defendants

Whereas the plaintiffs above named filed this Commercial Suit through their Advocate Sri V. Nitesh, under Order XLII Rule 2 of Original side of its Admiralty Jurisdiction, praying that in the circumstances stated in the plaint filed herein;

• a. that the Defendant Nos.1 and 2 be ordered and decreed to pay to the Plaintiffs the principal amount of Rs.1,05,34,596.33P. (Rupees One Crore Five Lakhs Thirty Four Thousand Five Hundred and Ninety Six and Thirty Three Paisa Only) together with interest at the rate of 18% p.a. The total hardship claim of the Plaintiffs is Rs.5,00,000/- (Rupees Five Lakhs Only). The total legal expenses is Rs.10,00,000/- (Rupees Ten Lakhs Only). A detailed break-up of the outstanding wages of Plaintiffs and the total outstanding amount aggregating to Rs.1,20,34,596.33P. (Rupees One Crore Twenty Lakhs Thirty Four Thousand Five Hundred and Ninety Six and Thirty Three paise only) together with further interest thereon at the rate of 18% p.a. from the date of suit until realization;
• b. that pending the hearing and final disposal of the suit, this Hon'ble Court be pleased to order and direct the arrest of the Defendant No.1 Vessel along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, fixtures, appumenances and paraphernalia, at present in lay up state at Kakinada port of DW or wherever she is within the territorial waters of India and also restrain her from beaching and breaking;
• c. that the Defendant No.1 Vessel together with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, fixtures, appurtenances and paraphernalia, wherever she is within the territorial waters of India, be arrested and the same be condemned in respect of the claim herein and be ordered to be sold along with her hull, engines, gears, bunkers, machinery, apparel, plant, furniture, fixtures. tackles. appurtenances and paraphernalia and the net sale proceeds thereof be ordered to be applied to the satisfaction of the Plaintiffs' claim herein and the costs of this Suit;
• d. that pending hearing and final disposal of the suit, this Hon'ble Court be pleased to direct the Defendants to permit the Plaintiffs to sign off and till then to provide the Plaintiffs sufficient food, fuel and necessary provisions;
• e. that the Hon'ble Court be pleased to direct the Defendants to make arrangement and bear costs for repatriation of the Plaintiffs to the State where they belong to;
• f. for interim and ad-interim orders in terms of prayers (b), to (d) above;
• g. for costs of this Suit;

勤生? 有145 m

CIVIL SUIT No: 3 of 2019 :-

(FILED UNDER ORDER XLII OF ORIGINAL SIDE RULES, 1956, ORDER VII RULE 1 READ WITH SECTION 26 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTIONS 4 & 5 OF THE ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017)

Between :-

KAKINADA MARINE AND OFFSHORE COMPLEX LTD, A company incorporated under the provisions of the Companies Act, 1956, D.No.16-23-65/1, Road No. 2, Pallam Raju Nagar, Kakinada - 533001 Andhra Pradesh, Represented by its Authorized Signatory, Mr. Bodapu Naveen Naga Kiran.

AND

....Plaintiff

• 1. DARSHINI PREM, (IMO No. 9471824), An Indian Flagged Vessel together with her hull, engines, gears, plant, machinery, articles, things apparel and other paraphernalia on board, presently lying at Kakinada Port within the Indian Territorial waters
• 2. Mercator Limited, Registered owner of Defendant No.1 Vessel, Having its registered office at 31, Mittal Tower B, Nariman Point, Mumbai - 400021.<br>3. The Kakinada Sea Ports Ltd., Rep. by its Managing Director & CEO, 2^nd Floor,
• South Building, Beach Road, Kakinada. ....Respondents

Whereas the plaintiff above named filed this Civil Suit through their Advocate Sri Gurrala Arun, under Order XLII of Original Side Rules, 1956, Order VIII Rule 1 read with Section 26 of CPC read with Sections 4 and 5 of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, praying that in the circumstances stated in the plaint filed herein;

• (A) pass an order and decree against Defendant No. 1 vessel and Defendant No. 2 to pay to the Plaintiff a principal sum of Rs.2,83,30,667/- together with interest of Rs $^{8}$ , 8,49,920/- being interest at the rate of 1.5% per month on the principal sum from the date the invoices became due and calculated till 30.06.2019 and along with future interest at the rate of 1.5% per month on the principal sum of Rs. 2,83,30,667/- from the date of filing the present suit till the date of realisation and legal costs of Rs. $3,00,000/-$ ;
• (B) arrest the Defendant No. 1 vessel owned and operated by Defendant No. 2 along with her hull, tackle, machinery, engines, fixtures, paraphernalia and all appurtenances which is presently lying at Kakinada Port under the authority of Defendant No. 3 and be condemned and sold through the sheriff of the Court under orders and directions of this Hon'ble High Court and the sale proceeds thereof be applied towards the satisfaction of the Plaintiff's claim in the suit;
• (C) pending hearing and final disposal of the suit, the Defendant No. 1 vessel along with hull, tackle, machinery, engines, fixtures, paraphernalia and all appurtenances which is presently lying at Kakinada Port be arrested under the orders of this Hon'ble High Court and/or be restrained from sailing out of Kakinada Port until the amounts claimed by the Plaintiff are secured in the present suit;
• (D) ad-interim relief of prayer mentioned in Clause (C) above be granted;
• (E) pay for the costs of the suit and sheriff' poundage: and
• (F) pass such other order(s) as this Hon'ble court may deem fit and proper in the circumstances of the present case.

The Commercial suits/civil suit coming on for hearing, upon perusing the Plints, Petitions and the affidavits filed therein, the earlier orders of the Court, and upon hearing the arguments of Sri S.V.S.S. Siva Ram, Advocate for the Plaintiffs in COMS No. 1 of 2020, Sri V. Nitesh, Advocate for the Plaintiffs in COMS No. 2 of 2020, Sri G.Arun, Advocate for the Plaintiff in C.S. No. 3 of 2019 and of Sri Challa Gunaranjan, Standing Counsel for the Kakinada Seaports Ltd., in all Suits and Sri Santosh Jadhav, learned counsel appearing for the 2^nd defendant company in all suits, the Court made the following -

Contd...7...

ORDER :-

"Heard Sri S.V.S.S.Siva Ram, learned counsel for the plaintiffs in COMS No.1 of 2020. Sri V. Nitesh, learned counsel for the plaintiff in COMS No.2 of 2020, Sri Challa Gunaranjan, learned Standing Counsel for Kakinda Seaports Limited appearing for the third defendant in COMS No.1 of 2020 and Sri Santosh Jadhdav, learned counsel appearing for the second defendant company stated to be the owner of the first defendant vessel.

Sri Santosh Jadhav, learned counsel for the second defendant represents that it has filed CPIP No.4404 of 2019 before the National Company Law Tribunal, Mumbai under I.B.C. Code, and it is pending adjudication. Learned counsel for the second defendant reported no objection for sale of the first defendant vessel while requesting that the sale proceedings therefrom be kept in deposit for the purpose of distribution amongst all entitled to.

In the circumstances, sale of first defendant vessel is directed as per the Memo filed on behalf of the third defendant on 19.02.2021, and upon the terms agreed to by the parties concerned.

The reserve price is fixed at Rs.12 Crores. The interested parties shall deposit 25% of this reserve price while filing their bid as earnest money and it shall be by means of US Dollars to be credited to the account stated in the bid document. This earnest money so deposited along with the bid shall not carry any interest and if any bidder is unsuccessful or intends to withdraw his bid midway the same shall be refunded and that shall not carry interest.

The intending bidders may inspect the first defendant Vessel at Kakinada Harbour between 10.00 a.m. and 5.00 p.m. on all working days from 05.08.2021 onwards to 13.08.2021. The intending bidders shall leave a request in writing to the Harbour Master, Kakinda Seaports Limited, Kakinada, one day in advance suggesting the date on which they intend to carry out the inspection and the authorities of Kakinada Port Trust shall give access to such intending bidders upon satisfying of their identity and also as to the purpose of inspection of this Vessel. Expenses relating to this inspection incurred by Kakinada Seaports Limited, if any, shall be borne by the intending bidders.

Publish in TIMES OF INDIA and FINANCIAL EXPRESS having All India circulation by 05.08.2021 and copies of the same shall be filed into the Registry by 05.08.2021. Bids shall be submitted by 20.08.2021 and opening the bids is on 02.09.2021. The successful bidder shall pay the balance bid amount on or before 16.09.2021.

$\mathsf{Z}$

Publication shall also carry out the proforma of the bid document. All the parties to the Suits are permitted to publicize the proposed sale of the first defendant Vessel and third defendant Kakinada Seaports Limited, Kakinada shall post on its Website. The Kakinada Port Trust also is permitted to post this bid document on its official website.

8

僧

The third defendant Kakinada Seaports Limited, Kakinada is directed to deposit Rs.20,00,000/- (Rupees Twenty lakhs) to the credit of the Registrar (Judicial), High Court of Andhra Pradesh at Amaravati tentatively to meet the publication expenses, and in case, these expenses exceed the above sum, the company shall pay such further sum required within the time directed by the Registry. All the expenses incurred by Kakindada Seaports Limited, Kakinada the third defendant, shall be defrayed from the sale proceeds, realized upon sale of the first defendant Vessel first and balance alone shall be available for distribution for those entitled to.

List on 05.08.2021."

//TRUE COPY//

$\mathbb{C}^{\mathbb{C}}$

Sd/- A.V. RAGHAVA/SWAMY JOINT REGISTRAR SECTION OFFICER UITUIN VITTUER

To

1. The District Judge, East Godavari District, Rajamahendravaram, East Godavari District, A.P.

• 2. The III Additional District Judge, Kakinada, East Godavari District, Andhra Pradesh.
• 3. M.V. DARSHANI PREM (IMO No. 9471824), Offshore Supply Vessel flying the flag of India, together with her hull, engines, gears, tackle, machinery, articles, things, boats bunkers, apparel, plant, furniture, fixtures, equipment and all Other appurtenances and all interested in her, Harbour (Sea Port), Kakinada, East Godavari District.
• 4. Mercator Limited, Company registered under the Companies, Act Registered Office at 3^rd Floor, Mittal Tower, B-wing, Nariman Point, Mumbai, Maharastra -400021.
• 5. The Port Officer, Kakinada Seaports Limited, Kakinada, East Godavari District Andhra Pradesh.

(Addressee Nos. 3 to 5 by R.P.A.D)

• 6. The Registrar(Judicial), High Court of A.P., at Amaravati.
• 7. One CC to Sri S.V.S.S. Siva Ram, Advocate (OPUC)
• 8. One CC to Sri V.Nitesh, Advocate (OPUC)
• 9. One CC to Sri G.Arun, Advocate (OPUC)
• 10. One CC to Sri Challa Gunaranjan, Advocate (OPUC)
• 11.One CC to Sri Santosh Jadhav, Advocate(OPUC)
• 12. One spare copy.
• 13. One CC to the Section Officer, Accounts Section, High Court of A.P. TKK

HIGH COURT

MVR.J

DATE: 22-07-2021

ORDER

<table>

COMS. No. 1 & 2 of 2020

AND C.S. No. 3 of 2019

DIRECTION

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蘭

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