IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER 2017 PRESENT THE HON'BLE MR. JUSTICE ARAVIND KUMAR AND THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR AP.IM. NO.8/2017 BETWEEN:
VAN-OIL PETROLEUM LTD A COMPANY INCORPORATED UNDER THE LAWS OF THE BRITISH VIRGIN ISLANDS HAVING ITS OFFICE AT RITTER HOUSE, WHICKHAMS CITY II ROAD TOWN, TORTOLA, BRITISH VIRGIN ISLANDS REPRESENTED BY POWER OF ATTORNEY HOLDER MR VIKAS GIRKAR S/O BHAGWAN GIRKAR ... PETITIONER (BY SRI.UDAYA HOLLA, SENIOR COUNSEL FOR MS. SANDHYA MADINUR, ADV.) AND:
1. DENALI SHIPPING LP THE OWNERS OF THE VESSEL MV DENALI (IMO NO:9438016) (EX-NAME-MV-MARIE-PAULE) A COMPANY INCORPORATED UNDER THE LAWS OF THE MARSHAL HAVING ITS OFFICE AT MAJURO MH MARSHALL ISLANDS.
2. NEW MANGALORE PORT TRUST THROUGH, THE CHAIRMAN/ TRAFFIC MANAGER/ DEPUTY CONSERVATOR, PANAMBUR MANGALORE-575010 KARNATAKA (FORMAL PARTY) (BY SRI. SREENIDHI .V. AGA) ... RESPONDENTS THIS PETITION IS FILED UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT 1996 AND ARTICLES UNDER INTERNATIONAL CONVENTIONOF THE ARREST OF SHIPS, 1999, PRAYING THIS HON'BLE COURT TO:
I. THE RESPONDENT BE RESTRAINED BY AN ORDER AND INTERIM INJUNCTION OF THIS HON'BLE COURT FROM REMOVING THE SAID VESSEL MV DENALI (IMO NO: 9438016) (EX-NAME- MV MARIE-PAULE) ALONG WITH HER HULL, TACKLE, ENGINES, GEARS, PLANT, MACHINERY, ARTICLES, THINGS APPAREL, EQUIPMENT, STORES AND OTHER PARAPHERNALIA ON BOARD, WHICH IS CURRENTLY AT NEW MANGALORE PORT, FROM THE JURISDICTION OF THIS HON'BLE COURT AS SECURITY OF THE PETITIONER'S CLAIM IN ARBITRATION AND COSTS;
II. THAT THE VESSEL MV DENALI (IMO NO: 9438016) (EX-NAME- MV MARIE-PAULE) ALONG WITH HER HULL, TACKLE, ENGINES, GEARS, PLANT, MACHINERY, ARTICLES, THINGS APPAREL, EQUIPMENT, STORES AND OTHER PARAPHERNALIA ON BOARD BE APPROPRIATED AND THE SALE PROCEEDS THEREOF BE HELD TOWARDS SECURITY OF PETITIONER'S CLAIM IN ARBITRATION, COSTS AND POUNDAGE;
III. THAT PENDING THE HEARING AND DISPOSAL OF THE PETITION THE RESPONDENT BE RESTRAINED BY AN ORDER AND INTERIM INJUNCTION OF THIS HON'BLE COURT FROM REMOVING THE SAID VESSEL MV DENALI (IMO NO: 9438016) (EX-NAME- MV MARIE- PAULE) ALONG WITH HER HULL, TACKLE, ENGINES, GEARS, PLANT, MACHINERY, ARTICLES, THINGS APPAREL, EQUIPMENT, STORES AND OTHER PARAPHERNALIA ON BOARD, WHICH IS CURRENTLY AT NEW MANGALORE PORT, FROM THE JURISDICTION OF THIS HON'BLE COURT, AS SECURITY OF THE PETITIONER'S CLAIM IN ARBITRATION AND COSTS;
IV. FOR AD INTERIM RELIEFS IN TERMS OF THE ABOVE;
V. FOR SUCH FURTHER AND OTHER RELIEFS AS THE NATURE AND CIRCUMSTANCES OF THE CASE MAY REQUIRE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J, MADE THE FOLLOWING:
ORDER Sri.V.Sreenidhi, learned AGA submits that after having contacted the Law Officer of respondent No.2- NMPT, he has been informed that Vessel MV Denali (IMO No.9438016) (ex-name-MV Marie Paule) has already sailed from New Mangalore Port Trust on 25.12.2017 at 19:00 hours.
Submission of learned AGA is placed on record.
At this juncture, Sri.Udaya Holla, learned senior counsel appearing for Ms. Sandhya Madinur, learned counsel for petitioner seeks leave of the Court to withdraw this petition in the light of statement/ submission made by learned AGA and a memo is also filed to said effect.
Memo is placed on record.
Accordingly, the petition is dismissed as withdrawn.
Sd/-
JUDGE Sd/-
JUDGE DM/-