1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ADMIRALTY AND VICE ADMIRALTY JURISDICTION Notice of Motion No.1481 of 2010 . in Admiralty Suit No.17 of 2010 Union of India, through Director General .. Plaintiffs v/s. M.V.Global Purity & Anr. ..Defendants And The Board of Trustees of the Port of Mumbai ..Caveators/Respondents Mr.D.J.Khambata, Addl. Solicitor General with Rahul Narichania i/b. Dhiren Shah for Plaintiffs. Mr.Y. Bhargavan for the Intervenor Mr.V. Subramanium for the Defendants Mr.Kamal Khata i/b.Motiwala & Co. for the Respondents/Caveators Not on Board. CORAM : R.Y.GANOO, J. DATED : 7th June, 2010 P.C. : 2 1. The Original Motion is not before the Court. However, true copy of the same is supplied by learned Advocate for the Intervenors. Heard learned Advocates on all sides. Learned Senior Counsel Mr. Khambata, upon instructions states that the Plaintiffs are not admitting the averments set out in the motion which may affect the interest of the Plaintiffs. 2. The Vessel by name M.V.Global Purity has been arrested in view of certain orders passed by this Court in the past. In the vessel, Cargo owned by the Intervenors i.e. M/s. J.K.International Pvt. Ltd. is lying. Since in near future there is no possibility of release of the ship, the cargo need not lie in the shop as it would cause financial loss to the said intervenors. In any case, there appears to be no difficulty in allowing to release the cargo in the ship, ofcourse upon production of all necessary documents and custom clearance which they were required to produce in the normal course, but for the arrest of the ship. Needless to mention that the Intervenors will have to produce the Bills of Lading and other necessary documents to enable them to lift the cargo from the vessel M.V.Global Purity. In view of this, 3 following Order is passed. ORDER i) M/s. J.K. International Pvt. Ltd. are permitted to lift the Cargo which is presently lying in the vessel M.V.Global Purity which is arrested as per the order of this Court. For lifting the cargo M/s. J.K.International Pvt. Ltd. Shall produce necessary papers and documents including custom clearance, which are otherwise produced for the purpose of getting cargo released. There shall be no order as to costs. ii) All parties to act on the authenticated copy of this Order, duly authenticated by the Court Associate. iii) Chamber Summons No.772/2010 in Admiralty Suit No.17 of 2010 does not survive in view of disposal of the motion No.1481 of 2010, and the same is dismissed as infructuous, with no order as to costs. [R.Y.GANOO, J.]