(Through video conference)
The Court : The Marshall, Calcutta High Court, has
filed a report of service and arrest, which is taken on
record.
GA No.810 of 2020 is an application for vacating,
recalling and/or modification of the order dated April 24,
2020 passed in AS No.2 of 2020.
It is the contention of the defendant in this
application that the order dated April 24, 2020 was obtained
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by suppression, misstatement and fraud. It is their further
contention that the plaintiff was neither an endorsee in the
bill of lading nor a named consignee and, as such, the
plaintiff did not have locus standi to file the said suit.
It is further contended that there is a grave urgency in
vacating and/or modifying the interim order passed by this
Court as the ship is due to receive cargo in some other port
but the ex parte order of arrest has been causing severe loss
to the defendant.