Bombay High Court
Mohammed Faisal Mohammed Iqbal Khan vs The Sale Proceeds Of Mv Kaptan Hasan Onal ... on 1 August, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
21-IAL-32526-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE JURISDICTION
INTERIM APPLICATION (L) NO.32526 OF 2024
IN
COMMERCIAL ADMIRALTY SUIT NO.27 OF 2024
Anuj Kumar ...Applicant
V/s.
The Sale Proceeds of MV Kaptan Hasal
ONAL Imo No.9539559 ...Respondent
WITH
COMMERCIAL ADMIRALTY SUIT NO.9 OF 2025
WITH
INTERIM APPLICATION (L) NO.21143 OF 2025
IN
COMMERCIAL ADMIRALTY SUIT NO.9 OF 2025
Ms.Apurva Mehta (Pohonerkar) Ms.Prachi Gharat i/b ANB Legal,
Advocate for the Applicant/Plaintiff in IAL/21143/2025 in
COMAS/9/2025.
Ms.Apurva Mehta (Pohonerkar) Ms.Prachi Gharat i/b ANB Legal,
Advocate for the Applicant/Plaintiff in IAL/32526/2024.
Mr.Abhinav Shah i/b Mr.Jiteish Agarwal, Advocate for the Plaintiff in
COMAS/18/2025.
Mr.Ajai Fernandes a/w Mrs. Nina Motiwalla, Ms.Janhavi Kandekar,
Ms.Anjali Kotecha i/b Motiwalla & Co., Advocates for the Plaintiffs in
COMAS/23/2025.
Mr.Dhruva Gandhi a/w Ms.Bulbul Singh Rajpurohit, Ms.Charmi Shah
i/b M/s. Crawford Bayley & Co., Advocates for the Plaintiffs in
COMAS/14/2023 and for Applicants in IA/982/2025.
CORAM : ABHAY AHUJA, J.
DATE : 1st AUGUST, 2025 P.C. :
Interim Application (L) No. 32526 of 2024
1. This Interim Application seeks determination of priorities in respect of the vessel MV Kaptan Hasal ONAL IMO No.9539559. Nikita Gadgil 1/3 ::: Uploaded on - 01/08/2025 ::: Downloaded on - 02/08/2025 10:14:43 :::
21-IAL-32526-2024.doc
2. Ms. Mehta, learned Counsel appears for the Plaintiff and submits that pursuant to the orders of this Court notice has been published by the office of the Sheriff of Mumbai in accordance with the Rule 1087 and 1088 of the Bombay High Court (Original Side) Rules, 1980 and tenders across the bar an affidavit dated 28 th February, 2025. The Affidavit is taken on record.
3. Ms. Mehta submits that the Suit has been decreed on 29 th August, 2024 in favour of the Plaintiff in Commercial Admiralty Suit No. 27 of 2024.
4. While the learned Counsel for the Plaintiffs in the Commercial Admiralty Suits No. 14 of 2023 and 23 of 2025 have no objection to the determination of the priorities, however, Mr. Shah, learned Counsel for the Plaintiff in the Commercial Admiralty Suit No. 18 of 2025 seeks some time to take instructions in the matter. Let instructions be taken by the next date.
5. It is also observed that the Interim Application is on lodging number. Let objections be removed and registered number positively be obtained by the next date.
Nikita Gadgil 2/3 ::: Uploaded on - 01/08/2025 ::: Downloaded on - 02/08/2025 10:14:43 :::
21-IAL-32526-2024.doc
6. List on 22nd August, 2025.
Interim Application (L) No. 21143 of 2025
7. Ms. Mehta, learned Counsel for the Applicant submits that this Interim Application seeks summary judgment and the same may also be listed on 22nd August, 2025.
8. It is also observed that the Interim Application is on lodging number. Let objections be removed and registered number positively be obtained by the next date.
9. List on 22nd August, 2025.
(ABHAY AHUJA, J.) Nikita Gadgil 3/3 ::: Uploaded on - 01/08/2025 ::: Downloaded on - 02/08/2025 10:14:43 :::