(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Heard learned counsel Ms.Paurami B.Sheth for the applicant and learned counsel Mr.Manav Mehta for the respondent.
2. In O.J. Civil Application No.560 of 2011 in para 1 and 2 it has been stated as under:
"The applicant has filed the aforesaid appeal against the judgment and order passed by the learned Single Judge dated 09.10.2009 in Admiralty Suit No.15 of 2009 by which the learned Judge had not granted the arrest of the defendant/respondent vessel. On the said appeal, the Hon'ble Court issued notice to the opponents and on aforesaid O.J.Civil Application granted arrest of the opponent/defendant vessel by order dated 09.10.2011. Later on the opponents had appeared, furnished the security in the form of Bank Guarantee dated 20.10.2009 for a sum of USD 4800000.00 of suit claim and got the vessel released as per order dated 22.10.2009. The appeal is still pending.
The applicant says and submits that initially the Bank Guarantee was furnished till 19.10.2010, which has been further renewed till 19.10.2011 vide extended letter of guarantee dated 01/02.11.2010. The copies of Original Bank Guarantee and Extended Bank Guarantee are annexed hereto and marked as Annexure A. The opponents have not renewed the said Bank Guarantee thereafter as a result the said Bank Guarantee is required to be encashed by the Registry so as to secure the claim of the plaintiff for which appropriate directions are required to be issued. It is, therefore, in the interest of justice that the directions be issued for encashment of Bank Guarantee. Hence this application."
3. An affidavit dated 6th March, 2012, has been filed by learned counsel Mr.Manav A.Mehta, duly sworn by him, wherein in para 1 it has been stated as under.
"I am filing this affidavit only for the limited purpose of placing the amended Bank Guarantee on record of this Hon'ble Court. By the amendment, expiry date of the Bank Guarantee is modified from 19.10.2011 to 19.10.2012. I state that my office has received copy of the said guarantee from ING VYSYA BANK LIMITED and only under specific instruction of my client I am filing the present affidavit. Copy of the Bank Guarantee is annexed hereto and marked as Annexure A."
4. Since the bank guarantee has been extended till 19.10.2012, this application does not survive and stands finally disposed of with no order as to costs.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top