* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 640 OF 2007 IN NOTICE OF MOTION NO. 2728 OF 2007 IN CHAMBER SUMMONS NO. 1125 OF 2007 IN ADMIRALTY SUIT NO. 32 OF 2007 Hatimi Steel .... Appellants V/S. New Era Shipping Ltd & Ors. .... Respondents ------- Mr. Shardul Singh with Ms.Mallika i/by.Dutt Menon Dunmorr Sett, Advocate for the appellants. Mr. Sudeep Sen i/by. Ashwin Shankar, Advocate for the respondents. CORAM : D.K. DESHMUKH, & SMT. R.P. SONDURBALDOTA, JJ. DATED : 6th JULY, 2010. P.C. :- 1. By this appeal, the appellant challenges only that part of the * 2 * order of the learned Single Judge dated 21st August, 2007 passed in Notice of Motion No. 2728 of 2007, whereby the learned Single Judge has not made an order awarding damages in favour of the appellant for wrongful arrest of his vessel. 2. We have heard the learned counsel for both the sides. 3. In our opinion, the learned Single Judge was justified in not making an order for payment of damages, at this stage, in view of the material that was on record. The learned Single Judge has granted liberty to the appellant to raise his claim for damages at appropriate stage in appropriate proceedings. In our opinion, therefore, no interference is called for with the impugned order in that regard. The Appeal therefore is disposed off. However, at the request of the learned counsel appearing for the original plaintiff, it is directed that the bank guarantee that has been furnished by the appellant to secure release of the vessel, shall stand discharged after a period of 6 weeks from today. [D.K. DESHMUKH, J] [SMT. R.P. SONDURBALDOTA, J] * 3 *