Axis Bank Ltd vs M.T. Pratibha Koyna And 7 Ors
2022 Latest Caselaw 12968 Bom

                                                                2-adms-77-2013.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                       ADMIRALTY SUIT NO.77 OF 2013

Axis Bank Limited                                       ...Plaintiff
      vs.
M.T. Pratibha Koyna and Others                          ...Defendants

Mr. Firoz Bharucha a/w. Mr. Mayur Bhojwani i/b. M/s. Manilal Kher
Ambalal & Co., for the Plaintiff.

                           CORAM :    N. J. JAMADAR, J.

                           DATE :     DECEMBER 13, 2022

P.C.:

1. Heard the learned counsel for the plaintiff.

2. The learned counsel submits that the operative order is

required to be corrected to include prayer clause (a).

3. The learned counsel expressed an apprehension that in the

event prayer clause (a) is not included in the operative order, the

plaintiff may be treated as an unsecured creditor despite having

security interest in the defendant-vessels.

4. While passing the judgment, the Court has considered all the

aspects including the fact that security was created over the

defendant-vessel.

Vishal Parekar, P.A.                                                          ...1
                                                               2-adms-77-2013.doc

5. The Court does not find it necessary, at this stage, to correct

the clause (a) of the operative order. However, in the event such

contingencies as apprehended by the learned counsel for the

plaintiff arise, the plaintiff would be at liberty to seek the

clarification.

                                           (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                        ...2