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2020 (11) TMI 593

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..... tentions are, thus, kept open for consideration. The applicant - M/s. NKD Maritime Limited shall deposit a sum of Rs. ₹ 1,58,59,737/- with the office of Sheriff of Mumbai by tomorrow, 19.11.2020 - matter be listed on 2nd December 2020. - INTERIM APPLICATION (LODG.) NO. 6531 OF 2020 IN SHERIFF’S REPORT NO. 53 OF 2020 IN COMMERCIAL ADMIRALTY SUIT (LODG.) NO. 3579 OF 2020 - - - Dated:- 18-11-2020 - N.J. JAMADAR, J. Mr. Rahul Narichania, Senior Advocate a/w. Mr.Vikrant Shetty i/b Mr.Gurdeep S. Sachar for applicant. Mr. Ajai Fernandes a/w. Ms. Sneha Pandey i/b M/s. Motiwalla Co. for respondent No.2-Bombay Port Trust. Mr. D.S. Choudhari, Deputy Sheriff present. P.C. 1. This interim application is moved by .....

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..... day as well. 5. Today, the learned counsel for respondent No.2 has tendered a sheet for perusal of the court which indicates that the anchorage charges per day, inclusive of GST, comes to ₹ 17,62,193/-. The respondent No.2 has, thus, claimed a sum of ₹ 1,23,35,351/- towards seven days anchorage charges from 11.11.2010 to 17.11.2020. 6. Shri Narichania, the learned Senior Counsel for the applicant, on instructions, submits that, at this stage and without prejudice to the rights, the applicant is ready to deposit the amount of anchorage charges claimed by the respondent No.2-Bombay Port Trust for the said period i.e. ₹ 1,23,35,351/- plus two more days anchorage charges @ ₹ 17,62,193/- per day, with the Office of .....

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..... port or thereafter. (iii) The aforesaid Port dues are calculated upto midnight of 19.11.2020, in view of the submission that the ship is ready to sail. In the event, the ship does not sail by 19.11.2020, the applicant shall deposit further amount with the office of Sheriff @ 17,62,193/- per day. (iv) Once the amount is deposited, the respondent No.2 shall immediately issue permission to sail out certificate. (v) The applicant shall also deposit a sum of ₹ 2,90,960/- towards light dues charges. Upon deposit of the said amount, the respondent No.1-Customs Authority shall immediately issue a Port Clearance Certificate and NOC for sailing. (vi) No sooner the amount towards port charges and light dues are deposited by .....

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