1 chs787-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY & VICE ADMIRALTY JURISDICTION CHAMBER SUMMONS NO.787 OF 2011 IN ADMIRALTY SUIT (LODGING) NO.2477 OF 2010 Raj Shipping Agencies ....Plaintiff V/s. m.v. Kinship Prosperity ....Defendant And The Board of Trustees of the Port of Mumbai ....Applicant Mr.Zarir Bharucha i/b Mr.Bimal Rajashekhar for the Plaintiff. Mr.Avinash Singh Gautama with Mr.Tushara James for the Defendant. Mr.U.J. Makhija with Ms.Motiwalla i/b M/s.Motiwalla & Co. for the Applicant. CORAM : S.J. VAZIFDAR, J. DATE : 5TH MAY, 2011. P.C. :- 1. By consent the Chamber Summons is heard finally. 2. This chamber summons has been filed by the Board of Trustees of the Port of Mumbai for being allowed to beach the defendant vessel and/or move the defendant vessel to an anchorage beyond the shipping lanes so as not to impede to and fro movement of vessels at the Port of Mumbai. 3. Mr.Makhija, the learned counsel appearing on behalf of the Mumbai Port Trust states that if this relief is not granted, there is an imminent danger to the vessel and would result in navigational hazards. 2 chs787-11 The vessel is unmanned. The owners state that they will obtain offers for the sale of the vessel and approach this Court for confirmation thereof. 4. Mr.Makhija justifiably states that in the event of the owners not beaching and/or moving the vessel to an anchorage beyond the shipping lanes by 1.6.2011, the reliefs as prayed for ought to be granted. 5. Mr.Bharucha, the leaned counsel appearing on behalf of the plaintiffs apprehends that in the event of the vessel being beached, it would affect the plaintiff’s security in respect of their maritime claim. The apprehension is not well founded. In any event, if the vessel is beached, the plaintiff’s claim in the suit shall not be affected thereby. In other words, if the plaintiff’s claim is valid and liable to be upheld, it will not be affected in any manner whatsoever by virtue of this order, which is passed in the special circumstances of the case, mentioned above. 6. The chamber summons is therefore, disposed of by the following order :- i). The chamber summons is made absolute in terms of prayers (a) to (c). However, the same shall not be implemented upto and including 1.6.2011. No order as to costs.