CUPID SHIPPING PTE LTD Vs. CARGO OF SAND, AGGREGATE AND CEMENT
LAWS(BOM)-2016-6-81
HIGH COURT OF BOMBAY
Decided on June 27,2016

Cupid Shipping Pte Ltd Appellant
VERSUS
Cargo Of Sand, Aggregate And Cement Respondents

JUDGEMENT

- (1.) The present Notice of Motion is taken out by the owner of the vessel m.v. Ocean 39 ("the ship'') for a direction from this Court inter alia against the Plaintiff to offload the cargo laden on board the ship which cargo was arrested and continues to be under arrest at the instance of the Plaintiff by an ex parte order dated 15th March, 2016, and to permit the ship to sail out immediately. The owner of the ship shall be hereinafter referred to as 'the ship interests'.
(2.) On 15th March, 2016, the Plaintiff secured an ex -parte order of arrest of cargo laden on board the ship. The cargo thereupon became custodia -legis at the instance of the Plaintiff.
(3.) No orders were sought or granted for arrest of the ship. There is therefore no legal impediment against the ship sailing out. Practically however the order of arrest has operated as a restraint against the ship leaving port since the cargo remains on her board.;


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