Rajnish Steels vs Gac Shipping (India) Pvt. Ltd. And ...
2022 Latest Caselaw 2553 Bom

                                                                                      13-comas-7-2021+.doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ADMIRALTY AND VICE-ADMIRALTY JURISDICTION
                                           IN ITS COMMERCIAL DIVISION

         Digitally
         signed by                  COMMERCIAL ADMIRALTY SUIT NO. 7 OF 2021
         SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR  Date:
         2022.03.16
         10:51:19
                         GAC Shipping (India) Pvt. Ltd.                 ... Plaintiff
         +0530
                                  vs.
                         M.V. GOLDEN PRIDE                       ... Defendant
                                                     WITH
                                      INTERIM APPLICATION NO. 3140 OF 2021
                                                       IN
                                    COMMERCIAL ADMIRALTY SUIT NO. 7 OF 2021

                         Rajnish Steels                                 .. Applicant

                         In the matter between :

                         GAC Shipping (India) Pvt. Ltd.                 ... Plaintiff
                                  vs.
                         M.V. GOLDEN PRIDE                              ... Defendant

                                                     WITH
                                         COMAP (L.) NO. 10068 OF 2021
                                                      IN
                                    COMMERCIAL ADMIRALTY SUIT NO. 7 OF 2021

                         Mr. Kunal Naik i/b Ridhi Nyati for applicant in IA/3140/2021.
                         Mr.Bimal Rajasekhar for plaintiff.
                         Mr.Kunal Gaikwad for defendant No.1 (VP not fled).

                                            CORAM : N. J. JAMADAR, J.

DATE : 15th MARCH, 2022

P.C.:

INTERIM APPLICATION (L.) NO. 3140 OF 2021

1. Heard the learned counsels for the parties.

2. The learned counsel for the defendant No.1, the erstwhile

Shraddha Talekar, PS 1/2 13-comas-7-2021+.doc

owner of the defendant No.1-vessel, has tendered an affdavit in

reply.

3. The affdavit in reply is taken on record.

4. The applicant-auction purchaser is at liberty to fle an

affdavit in rejoinder within a week's time and serve its copy on

the defendant No.1.

5. Mr.Kunal Naik, the learned counsel for the applicant-

plaintiff submits that to recover the unpaid wages of the crew, two

Admiralty Suits have been instituted, being Commercial Admiralty

Suit No.49 of 2021 and Admiralty Suit No.3 of 2021. The learned

counsel further submits that it would be appropriate to decide

this interim application along with the Summons for Judgment

taken out in those two admiralty suits as the issue of priority of

the claim of the crew members arises.

6. List the matter along with Commercial Admiralty Suit No.49

of 2021 and Admiralty Suit No. 3 of 2021 on 29th March 2022.

                                                           (N. J. JAMADAR, J.)




Shraddha Talekar, PS                                                                     2/2