See Full Document Text
I£7Srap 298
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139075/2022/GSO
r2i22f2~
urgadas S. Choudhari No. 10`4/2022
Deputy Sheriff of Mumbai Date : 4th October, 2022
TO'
1) The Dy. Conservator/ Harbour Master,
Mumbai Port Trust, Mumbai
2) The Asstt. Commissionerofcustoms/
Dy. Commissioner of Customs,
New Custom House, Mumbai
3) The senior lnspectorof police,
Immigration Check Post,
Sea Port Branch,
S.B.Il, C.I.D., Mumbai
4) The DirectorGeneral of shipping, Mumbai,
9th Floor, Beta Building,
0. pv+ 1
i-Think Techno Campus,
Kanjurmarg East,
Mumbai -400 042
5) The Mercantile Marine Department, Mumbai
Old C.G.O. Building (Pratishtha Bhavan),
101, Maharashi Karve Road,
Mumbai -400 020
6) The Indian Registerofshipping, Mumbai,
52A, Adi Shankaracharya Marg,
Opp. Powai Lake, Powai, Mumbai -400 072
V/7) The shipping Master,
Nau Bhavan,
10, R.K. Marg,
Ballard Estate,
Mumbai -400 001
Re. A,.&V.A.J.
In
Its Commercial Division
Judge's Order No.189 of 2021
ln
Commercial Admiralty Suit (L) No.22182 of 2021
Commercial Admiralty Suit No.36 of 2022
The Board of Trustees of
The Port of Mumbai plaintiffs
Vs.
M.V. Brahmaputra Dolphin
(lMO No.7608916) & Ors. ... Defendants
Sirs,
As per the Order dated 13th September, 2022 passed by His Lordship Shri Justice N.J. Jamadar
of the Hon'ble High Court, Bombay, the highest purchaser M/s. RSG Ventures LLP having their office
Old Secretariat Building, K. 8. Patil Marg, Mumbai 400 032, Tel. Nos. 284 36 93, 284 34 98r -:~-' 4`
?tat 299
j~drff139075/2022/GSO
-2-
at 201, Krishlin Apt.,Opp Nagi Villa, NS Road No.10, JPVD,Juhu, Mumbai -400 049, have deposited the
total purchase price of Rs. 3,85,00,000/-(Rupees Three Crores Eighty Five Lakhs only) for the purchase
of vessel M.V. Brahmaputra Dolphin (IMO No.7608916) in our bank account.
Pursuant to the said Order dated 13th September, 2022, the Hon'ble Prothonotary and Senior
Master, High Court, Bombay has issued Bill of sale dated 4th October, 2022 in respect of the said vessel
M.V. Brahmaputra Dolphin (lMO No.7608916) in favour of the auction purchaser M/s RSG Ventures
LLP having their office at 201, Krishlin A`piopp Nagi Villa, NS Road No.10, JPVD,Juhu,
Psr+Mumbai-400049for"Scrappingonl/'aniforTrading.AcopyofthesaidBiHofsaleisannexed
hereto.
In view of the above order, you all are requested to act in compliance with the said Order
dated 13th September, 2022 and Provide cooperation to the Auction Purchaser M/s RSG Ventures LLP
to take the possession of the said vessel M.V. Brahmaputra Dolphin (lMO No.7608916).
Yours faithfully,
(DurgaBs
Choudhari )
Deputy Sheriff of Mumbai
Encl : As above
c.c. for information to :
1) M/s. Motiwala & Co.,
Advocate for the Plaintiff
65, Raj.gir Chambers, 7th floor,
12/14, Shahid Bhagatsingh Road,
Opp. Old Custom House,
Fort, Mumbai -400 001
2) Sutapa saha,
Advocate for the Plaintiff in
cf"A:s/8/N2!m:1
304, Apeej.ay House,
130 Mumbai Samachar Marg,
Fort, Mumbai 400 001
M/s. RSG Ventures LLP,
Auction Purchaser of the Vessel
Brahmaputra Dolphin
(IMONo.7608916),
201, Krishlin Apt.,
Opp Nagi Villa, NS Road No.10, JPVD,
Juhu, Mumbai - 400 049
( Durgadas S. Choudhari )
Deputy Sheriff of Mumbai300
139075/2022/GSO
lN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
JUDGE'S ORDER NO.189 0F 2021
lN
COMMERCIAL ADMIRALTY SUIT (L) NO. 22182 0F 2021
COMMERCIAL ADMIRALTY SUI T NO.36 0F 2022
)
The Board of Trustees of the Port of Mumbai
)
a body corporate constituted under the provisions of
)
the Major Pon Trust Act, 1963 as amended by the provisions
)
of the Major Port Trusts Amendment Act, 1974 and
)
having their office at Vijay Deep, Shoorji Vallabhdas Marg,
).....plaintiff
Ballard Estate, Fort, Mumbai -400 001
Versus
1. M.V. BrahmaputraDo[phin (lM07608916)
an Indian Flag vessel registered at Mumbai,
together with her hull, engines, gears,
tackle, machinery, bunkers, apparel,
plant, furniture, fixtures equipment and
all other, appurtenances presently lying at
Brick Bunder, Port and harbour `of Mumbai
and all other persons interested in the said vessel.
Dolphin Offshore Shipping Ltd.,
1001, Raheja Centre, 214, Nariman Point,
Mumbai -400 021.
Creative Maritime Service LLP
)
210, Rex Chambers, 2nd Floor,
)
Walchand Hirachand Marg,
).....Defendants
Ballard Estate, Mumbai -301
139075/2022/GSO
-2-
High Coul.t, Bombay
A.&V .A.3.
In Its Commercial Division
Judge's Order No.189 of 2021
ln
Comm. Admiralty Suit (L) No.22182 of 2021
Comm. Admiralty Suit No.36 of 2022
M.V. Brahmaputra Dolphin
Name of the Vessel
Supply
Ship Type
Mumbai
Port of Registry
AUHR
Call Sign
7608916
lMO number
U.S.A.
Country of build
1976
Year of Build
•.
1008 Tons
GRT
302 Tons
NRT
50.84 M
Parallel length
4.00 M
Max. Draft
60.15 M
LOA
1510
DVVT
Andasdescribedinmoredetanin*CertificateofthesurveyorandtheRegisterBook302
139075/2022/GSO
-3-
High Court, Bombay
A.8LV.A"1.
In Its Commercial Division
Judge's Order No.189 of 2021
In
Comm. Admiralty Suit (L) No.22182 of 2021
Comm. Admiralty Suit No.36 of 2022
I, Mr. S.B, Bhansali, the Admiralty Registrar, High Court, Bombay, having address at the
High Court of Judicature at Bombay, pursuant to the Hon'ble Court's Order dated 13th
September, 2022, the bid of M/S. RSG VENTURES LLP, having their office at 201,
Krishlin Apt., Opp. Nagi VHla, NS Road No.10, JVPD, Juhu, Mumbai -400 049 for the
purchase of the vessel M.V. Brahmaputra Dolphin (lMO NO.7608916) for total
consideration of the sum of Rs.3,85,00,000/- (Rupees Three Crores Eighty Five Lakhs
•tL
Only) is accepted for "SCRAPPING ONLY" And NOT FOR TRADING. The auction
sale of the vessel M.V. Brahmaputra Dolphin (lMO NO.7608916) is hereby confirmed
in favour M/S. RSG VENTURES LLP (and no one else) and no nominees by Order
dated 13th September, 2022 passed by the Hon'ble Court for the aforesaid amount and
the receipt whereof is hereby acknowledged by the Deputy Sheriff of Mumbai vide his
letter dated 30th September, 2022. I transfer all right, title and ownership in the
aforesaid vessel M.V. Brahmaputra Dolphin (lMO NO.7608916) on "as is where is,
ok.
+ what is there is" basis free from all encumbrances, particularly described as above,
together with her hull, engines, gears, tackles, machinery, bunkers, apparel, plant,
furniture, fixtures, equipment and all other appurtenances and paraphernalia thereto to
the said M/S. RSG VENTURES LLP for SCRAPPING ONLY" And NOT FOR
TRADING.303
139075/2022/GSO
-4-
High Court, Bombay
A.&V .A.1.
In Its Commercial Division
Judge's Order No.189 of 2021
ln
Comm. Admiralty Suit (L) No.22182 of 2021
Comm. Admiralty Suit No.36 of 2022
I, Mr. S.B. Bhansali, the Admiralty Registrar, High Court, Bombay, having address at
the High Court of Judicature at Bombay for myself and successor covenant with the said .
M/s. RSG VENTURES LLP (and no one else) and no nominees and hereby declare
that such transfer of all right, title and ownership in the aforesaid vessel is made on "as
is where is, what is there is" basis pursuant to the High Court Order dated 13`h
September, 2022. It is made clear that the vessel M.V. Brahmaputra Dolphin (lMO
NO.7608916) is being sold "free from all encumbrances" as per Order dated 13th
September, 2022. A copy of Order dated 13th September, 2022 and a copy of letter
dated 30th September, 2022 of the Deputy Sheriff of Mumbai are enclosed herewith.
lN WITHNESS WHEREOF I have executed this Instrument of Sale pursua
Order dated 13th September, 2022, of the Bombay High Court.
Dated this O|"day of October, Two Thousand and
I,
ud#re
at Bombay
[x
prfty„
Sealer
Datedthis+tw`dayofoct.,2022.304
139075/2022/GSO
• G.R.J.D.No.4398, dated 3-7-16
+.. + i(O) 228436§3 /22843498
No. OF 2022
\
SHERIFF'S OFFICE
OLD SECRETARIAT
K. 8. PAIL MARG,
j FROM MUMBAl 400 032
Sat
SHERIFF OF MUMBAI
;a''d + No.. 936/2o22
Date : 30th Se.ptember, 2022
TO,
are
v/The Hon'ble Prothonotary and Senior Master,
High Court, Orjginal Side,.
`as.
High Court; Bomb.ay
•-.. Re. High Court,.Bombay
3lh
'0
Re. A,.& V.A.J.
In
in Its Commercial Division
' Judge's orderNo.189 of2021
ln
Commercial Admiralty Suit (L) No.22182 of 2021
Commercial Admiralty Suit No.36 of 2022
The Board of Trustees of
The Port of Mumb.ai
Plaintiffs
Vs..
M.V. Brahmaputra Dolphin
(IMO No.7608916) & Ors.
Defendants
Respected sir, .
~tw„,*ulfaffi:#grethHeo:.r:,:r:,agt:dcTo3ut::::t::aby:r{h2e°;,2g:::ts::rb:aHs':rL:;:Sh:::h;'eJn::tr'::LNL:
havedepositedthetotalpurchasepriceofRs.3,85,00,000/-(RupeesThreeCroresEightyFive
Lakhsonly)forthepurchaseofvesselM.V.BrahmaputraDolphin(lMONo.7608916)inour
bankaccount.AcopyofthesaidOrderdated13thSeptember,2022isenclosedherewith.
..
2. In paragraph No.15 of the said o`rderdated l3th september, 2022, it has been stated
that,uponreceiptoftheentjreconsideratjon,theProthonotaryandSeniorMaster/Admiralty
RegistrarofthjsCourtwHlissueaBillofSaletoRSGVenturesLLP(andnooneelse).No
nomineesw"bementionedintheBillofSale.TheBmofSaleshawalsospecifythatthevessel
is sold for `Scrapping only" and not for Trading.
........2305
139075/2022/GSO
-2-
3. A draft copy of Bill of Sale as submitted by M/s. RSG Ventures LLP is enclosed
herewith for your kind perusal. A copy of the terms and conditions in respect of auction sale
of the said vessel M.V. Brahmaputra Dolphin (lMO No.7608916) is also enclosed herewith.
4. You are, therefore, requested to kindly issue Bill of sale in favour ofM/s. RSG ventures
LLP in respect of auction sale of the vessel M.V. Brahmaputra Dolphin (lMO No.7608916) in
SKaprtyap¥
order to communicate the same to Port, Customs and other authorities.
;::Ii;;-;:;::..:
- Yours faithfully; I -
tDurgadaraChoudhari )
Deputy Sheriff of Mumbai
Encl As above
c.c. for information to :
1) M/s. Motiwalla & Co.,
Advocate for the Plaintiffs,
I 65, Raj.gir chambers,
7th. floor, 12/14,
. . Shahid Bhagatsingh Road,
Opp. Old Custom House,
Fort, Minbai -400 001
2) M/s. RSG ventures LLP,
Auction Purchaser of the Vessel
Brahinaputra Dolphin
(IMO No.7608916),
201, Krishlin Apt.,
Opp Nagi Villa'
NS Road No.10, JPVD,
Jubu, Munbai - 400 049
S4L
( P.urgadas S. Choudhari )
DeDutv +Sheriff of Mumbai306
139075/2022/GSO
Santosh
INTREHGHcOuRTOFuuDlcATUREATBormAy
jroMRAI;FT.ENDVlcEADNIRAI;iy-uRISDIonoN
SRERIFTS REPORI` NO. 55 0F 2022
IN
JUDGE'S ORDER NO. 189 0F 2021
SANTOSH
IN
SUBHASH
roLKENI
com ADhHENFT surf a;t No. 22182 or 2o2i
iffitlEredby -COM ADMIRAI;FT SUIT NO. 36-.OF 2022 -
?i:¥i:2s°,23.o°595;4
The Board of Trustees of the Port of
...plaintiff
Mumbai
Versus
M. V. Brahmapurtra Dolphin (IMO
...Defendants
No.7608916) & ors.
Mr. Shubro Dey, for the Plaintiff in Corms/80/2021.
Mr.AjayFemandes,a/wMs.SnehaPandey.i/bMotiwala&
Co.. for the Plaintiff in COMAS/36/2022.
Mr. D. S. Chaudhary; Dy. Sheriff, present.
Mr. a. A. Bansal -Bansal Ship Breakers.
Mr. Ashok Jain - Om Namo Venture.
Mr. Manoj Kumar Jain- Salbaba Ship Breaking Company.
Mr. AIif S. Masani - Luck Steel Industries.
Mr. Rajhish Gupta -Rajrish Steels.
Mr. Rajendra - Rajendra Ship Braking.
Mr Devesh Gupta- RSG Venture LLP.
Mr. ant Jain -Hatni Steals.
Mr. Abu -A. A. Associates.
Mr. Priyal Seth- Advocate appearing for fast Voyage.
CORAM: N. J. JAMAI)AR. J.
DATED : 13th sEPI"ffiER. 2022
QEH2EE±
1. M. V. Brahmapurtra Dolphin {IMO No.7608916) carrying
to an order passed by this
an Indian Flag was arrested pufsuan
1/7
;jt307
139075/2022/GSO
1-MV BRAHMAPUTRA DOLPHIN-SREPORT55-2022.DOC
Court on.28th October. 2021, at the instance bf the Port Trust for
non-payment of Port dues. On 18th August, 2022 in Sheriffs `;
Report N.49 of 2022, defendant no.1 -vessel was ordered to be ..
3-
sold in.an.auction sale. JB Boda Insurance. Surveyors and Loss
Assessors Pvi. Ltd. (JB Boda) came to be appointed to carry out
the valuation of defendant no.I -vessel. The Sheriff was allowed
to. conduct .the auction sale in accordinc-6..wit`h the Sch6dul.a of
Auction Sale annexed to the Sheriff'S Report.
2. Sheriff has obtained the valuation report from JB Boda
Insurance Surveyors. Sheriff has also conducted the auction
process. The report reveals that in all 10 bids are received. Ordy
one bidder M/s. hast Voyage DMCC has Submitted the bid for
`trading' purpose. Rest of the bidders have sublnitted the bid for
Scr.apping.
3. Today. each of the lo bids, in sealed envelope, were opened
in the Court. After opening the bids, the bidders/their
representatives, who were present in the Court, were apprised of
the value of each of the bids. M/s. hast Voyage DMC.C, who
submitted the bid for. trading purpose, quoted the price of
Rs.55,35.600/-. Out of the rest of nine bids for scrapping
purpose, M/s. Om Namo Venture's bid of Rs.3 Crore was the
highest.
2/7
-,;ffi308
139075/2022/GSO
`,`i,,,i,,,
±±IB±DQ±E±±n!±BEPQBI±E=2Q22±Q£
4. The bidders were thereafter given the option to enhance
the bid in the lot of Fie.5,OO,OOO/- over the highest bid of Rs.3
Crore. Few of the bidders, namely, M/s. Bansal Ship
Breakers, M/s. Rejendra Ship Breakers Pvi. Ltd., M/s. A. A.
rout
Associates and M/s. RSG Ventures LLP participated in the
)wed
bidding process, in open Court. After a process of bidding, M/s.
16of
RS6 Ventures LLP made an offer of Rs.3,85,00,OOO/-. At that-
stage, rest of the bidders made a statement that they do not
wish to enhance the bid any more. M/s. RSG Ventures LLP's bid
of Rs.3,85.00,000/-thus turned out to be the highest bid.
5. JB Boda in their valuation report have adverted to the
facts that defendant no.1 -vessel is over 46 years and has lived
her age. She has been lard up unattended for a long period
resulting in extensive corrosion. In the opinion of JB Boda,
defendant no.I - vessel is beyond economical repairs.
Nonetheless in the opinion of JB Boda the trading value would
be.in the region of .Rs.5 Crpre.
6. JB Boda has also opined that having regard to the present
market situation, which is very depressed. resulting in poor
demand for Offshore vessels and defendant no.1 - vessel had
without operating crew,
been laid up for more than three
3/7
-.-,,,, ed309
139075/2022/GSO
ORT5
the value of defendant no.I - vessel for demolition purposes
(scrapping) would be Rs.3,55,00,000/-.
7. The aforesaid factors, especially defendant no.I - vessel
having been laid up for three years without operating crew,
bears upon the value of defendant no.I -vessel.
The valuer has
clearly opined that defendant no.I -vessel is beyond economical
repairs. In t-he circumstances,_ the sale of the -vessel -for
•scrapping' purpose seems the only viable option. The highest
bidofRs.3,85,00,000/-exceedsthevalueforscrappinggivenby
the valuer (Rs.3,53,00,000/-) by Rs.30,OO,000/-.
8. Inthetotalityofthe
circumstances,I am. satisfied that the
bid of Rs.3,85,00.000/-. is a fair and optimum price
`---.--------.'----`.
• I _.-' ' --... I..._ -.-- `L.--I--._---___ ___ _ _
defendant no.I - vessel. In my view, no fruitful purpose would
--I-`_--i--
be served in putting the vessel for re-auction. It is quite
possiblethatre-auctionmaynotyieldabetterprice.
9. A useful reference, in this context, can be made to the
observations of the Supreme Court in the case of Jfaj7ay
Industdes a?) Ltd. vs. Asne!w Drums a>) Itd. and ols] , where;rfu
the Supreme Court observed that if Court sales are too
frequently adjourned with a view to obtain a higher price it may
turn out to be a self-defeating exercise.
10. Paragraph 7 o.fthe said judgment reads as under:
1 (1974) 2 SCC 213.310
139075/2022/GSO
_1-MV BRAHMAPUTRA DOLPHIN-SREPOR155-2022.DOC
"7. Certain salient facts may be highlighted in this
context. A_court sale is a forced sale 'and. notwithstanding
the competlt±ve element of a pubuc_auction, the best price ls
ELot often forthcoming: The _1udgi must. make a_ certain .
EEEHiiEiERliiEiEEEiiiEEiEitim=EEidEEEijHEEfiiE=EEHiEEHillEiHEiEEHi
±:::±¥r:s:s:s::jE::::::fi:::i::o:::::fi:=iini:iFis:o:nu|::dri:or::
mical
machinery going out of gear, the. vague apprehensions of
1 - for possible claims by the Dena Bank which had a huge c|ailli
and was not a party, and the litigious sequel at the
judgment-debtor`s instance, have 'scare' value in inhibiting
thest
intending buyers from coming forward with the best offers.
Businessmen make uncanny calculations before striking a
ndy bargain and that circumstance must enter the ].udicial
verdict before deciding whether a better price could be had
by a postponement of the sale. Indeed. in the I;resent case.
the executing court. had admittedly declined to affirm que
highest .bids made on May 16. 1969 June 5. 1969 and
the
August 28, 1969, its anxiety to secure.a better price being
the main reason. If court sales are too frea_uently ad_ioumed .
vl±VI:e¥t:?:x:ireiEctlo=:iidi:s::::al::t:e:=:::e:iieov:::u:att:i¥:::
for
lld
.te
expectation of a higher price in the future may strain the
credibility of the court sale itself and may yield diminishing
returns as was proved in this very case.".
(emphasis supplied)
11. Mr. Fernandes, the learned Counsel for the plaintiff and
Mr. Dey. the learned Counsel for the plaintiffs in
COMAS/80/2021, in which defendant no.I - vessel was first
arrested on 3rd February, 2020, sublnit that the plaintiffs have
G Ventures LLP is
no objection if the highest bid of M/s.
accepted.
5/7311
139075/2022/GSO
i_MV BRAHMAPUTRA DOLPHIN-SREPORT55-2022.DOC
12. I am, therefore. inclined to accept the bid of.M/s. RSG
~-~~~~-~--~.-tl-qut".~..~~~--'`~-~----.`.`._,`..,...~_^~.....~.~~".qu`|~.---.--ut-ned..`h~~_
Ventures LLP.
13. M/s. RSG Ventures LLP has deposited EMD of
Rs.50,OO,000/-. The balance amount of Rs.3.35.00,000/- be
deposited by RSG Ventures LLP with the office of Sheriff of
Mumbai on or before 29th September, 2022.
14. It is made clear that if the aforesaid balance amount is not
paid and/or deposited with the office of Sheriff, within the
aforesaid period. the sale shall stand cancelled and the earnest
deposit shall stand forfeited. In that event, the Sheriff sham
move a fresh report for re-auctioning the defendant - vessel.
15. Upon the receipt of the entire sale consideration. the
.-I+ -_..-_ _ _ -.----------- ~ ---.--.----.--.------.--.--.----------------- _`_.
Registrar of this
Prothonotary and Serrior Master / Admiralty
Court will issue a Bin of Sale to RSG Ventures LLP (and no one
else).. No nominees win be mentioned in the Bill of Sale. The Bill
of sale shall also .specify that true vessel is sold for "scraping
only" and not for trading.
16. After the sale of the defendant - vessel is confirmed in
favour of RSG Ventures LLP, the defendant - vessel sham be
enctmbrances.
handed over to RSG Ventures LLP, free from all
is subject to entire sale
Needless... to clarify . that. thi
" I..+1 ..I312
139075/2022/GSO
pryBRAH_MApuTRADOLPHIN-sREpORT55-2022.D_O{
consideration being received by the office of Sheriff, Mumbal,
within the above stipulated period.
17. The Sheriff shall communicate to the Port, Customs and
other Authorities informing them about the sale of the
defendant -vessel pursuant to .this order.
18. The earnest money deposited by rest of the bidders shall
be returned to them by the Sheriff`within a period of two-weeks
from today.
19. The sheriff is permitted to make payment of Rs.1,84,654/-
. to M/s. Eureka Advertisement Agency towards advertiseme`nt
charges from the amount deposited b+ the plaintiff with the
--f-h-:_.
Sheriff.
this
1'--
20. The sheriff is permitted to make payment of Rs.2,06,500/-
)ne
-:I--.
to JB Boda Insurance Surveyors and Loss Assesors Pvt. Ltd.
3iH
liEiii-
towards valuation charges from the amount deposited by the
ng
-_`
plaintiff.
21. . The Sheriffs Report No.55 of 2022 accordingly stands
•n
disposed.
1`,
7/7
EL\ 313
139075/2022/GSO
L=
lN THE HIGH COURT OF JUDICATURE AT
BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION
IN ITS COMMERCIAL DIVISION
JUDGE'S ORDER NO.189 0F 2021
lN
COMMERCIAL ADMIRALTY SUIT (L) NO.22182 0F
2021
COMMERCIAL ADMIRALTY SUIT NO.36 0F 2022
The Board of Trustees of the ..... plaintiff
Port of Mumbai
Vs.
M.V. Brahmaputra Dolphin ..... Defendants
(lMO NO,7608916) & Ors.
*tt************************1c**********************************
BILL OF SALE
********************************************************
Dated this oL± day of OCL 2022