TMI Blog2017 (10) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... the vessel Bahrain Vision. - Admirality Suit No. 16 of 2017 - - - Dated:- 30-5-2017 - MR. A.J. SHASTRI, J. For The Plaintiff : Mr Manav A Mehta, Advocate And Mr. JAIMIN R Dave, Advocate For The Defendant : Ms Pauramib Sheth, Caveator ORAL ORDER 1. Leave to amend. 2. Mr. Manav Mehta, learned advocate for the plaintiff has today mentioned in the morning that there is some surreptitious move by the defendant herein to see that vessel may travel further and the suit will become infructuous. To justify, he has tendered 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 le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of this Hon'ble Court do issue a warrant for the arrest of the defendant vessel, M V Bahrain Vision, along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture, equipments and all appurtenances, at present lying at the Port and Harbour of Dahej and that the Warrant of Arrest be executed at any time of the day or night or on Sundays or holidays and I do further order that the Port Officer at Dahej and the Customs Authorities at Dahej do effect the arrest, seizure or detention of the defendant vessel, M V Bahrain 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff is entitled to. Therefore, an amount of ₹ 3,72,21,880/remains outstanding and payable as on date. 8. It is submitted that the owners of the Defendant vessel have made part payment in the pretext that service tax is payable at 4.5% after claiming rebate of 70%. However, vide Circular No. 206 dated 13th April, 2017 the Department has clarified that abatement is not available for foreign companies who will be required to pay service tax @ 15 per cent. Therefore, the outstanding service tax liability including interest thereon as on day is ₹ 3,72,21,880/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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the arrest of the defendant Vessel, Bahrain Vision, along with her hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furnitures, equipments and all appurtenances lying at Dahej Port and that the Warrant of Arrest be executed at any time of the day or night or on Sundays or holidays and I do further order that the Port Officer and the Customs Authorities at Dahej Port do effect the arrest, seizure or detention of the defendant vessel, BAHRAIN VISION at the Dahej Port or such other place wherever she may be within the territorial waters of India. 12. The Port Officer and the Customs Authorities at Dahej are directed to arrest the vessel Bahrain Vision at present lying at Port of Dahej within the territorial waters of Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
