CREDIT SUISSE AG Vs. M.V. SAM HAWK

JUDGEMENT

(1.) Learned advocate Mr. Amitava Majumdar apprised the Court of the earlier orders and the facts and circumstances in light of which the matter came up as above for orders of this court.

(2.) Pursuant to the orders passed by the Court on 18.08.2020 and 27.08.2020, the Court Commissioner has submitted its report dated 7 September 2020 qua expenses which are incurred in the auction process of the Defendant Vessel as below:

(3.) The Court Commissioner states that as per the directions passed by the Court in its orders of 18.08.2020 and 27.08.2020, it had intimated the Purchaser, M/s. Lavera Shipping Inc to pay the port/marine dues amounting to Rs. 31,60,206.56. The Court Commissioner states that the same has been paid by the Purchaser and it has taken delivery/possession of the Defendant Vessel. The Court Commissioner also submits that most of the crew members have been repatriated and the last flight carrying the crew members is scheduled to leave today. The Court Commissioner also submits thatpursuant to the order dated 27.08.2020, the Agents appointed by this Court had submitted their invoices for final expenses/costs towards repatriation of the crew members totalling to Rs. 47,80,258.00. The Court Commissioner states that in the schedule mentioned at Paragraph 2 above for the reasons mentioned in the report filed by it, only payment for Items 1 and 2 have been effected. Accordingly, the Court Commissioner seeks leave to disburse payments for the expenses incurred for the auction process.