The Board Of Mumbai Port Authority vs Dlb Nand Gaurav
2023 Latest Caselaw 4182 Bom

        Digitally
  2023:BHC-OS:3509
        signed by
          UTKARSH
UTKARSH   KAKASAHEB
KAKASAHEB BHALERAO
BHALERAO Date:
          2023.04.26
          20:10:39                                                                     8.ia(l).10685.2023.doc
          +0530




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ADMIRALTY AND VICE ADMIRALTY JURISDICTION

                                  INTERIM APPLICATION (L) NO.10685 OF 2023
                                                    IN
                                 COMMERCIAL ADMIRALTY SUIT NO.18 OF 2022

                       The Board of Mumbai Port Authority                        .. Applicants

                       In the matter between:-

                       The Board of Mumbai Port Authority                        .. Plaintiffs

                                 Versus

                       DLB Nand Gaurav (MMSI:419900783) & Ors.                   .. Defendants

                            Ms. Sneha Pandey i/b Motiwala & Co., Advocate for the
                            Applicant.

                            Sharila D'souza a/w Advait Hattangadi i/b Flavia
                            Legal, Advocates for Defendant No.4.

                            Ms.Sapna Rachure a/w Neha Achaliya, Advocate for
                            Defendant No.2.

                                                         CORAM         : B. P. COLABAWALLA, J
                                                         DATE          : APRIL 25, 2023

                       P. C.

                       1.

The above Interim Application is filed seeking an

amendment of the Plaint as well as Interim Application (L) No.3112 of

2023 for summary judgment.

APRIL 25, 2023 Utkarsh

8.ia(l).10685.2023.doc

2. The amendment is necessitated to bring on record the dues

of the Port arising for the period after the filing of the Suit. The learned

advocate appearing on behalf of Defendant No.4 as well as the learned

advocate appearing for the Official Liquidator submitted that the

amendments can be allowed without prejudice to the rights and

contentions of the parties.

3. In these circumstances, the Interim Application is allowed

in terms of prayer clauses (a) and (b) which read thus:-

"(a) The Applicants/Plaintiffs be given liberty to amend the Plaint, Synopsis, List of Documents etc. and Interim Application for Summary Judgment and other proceedings as per the Schedule annexed to the Interim Application;

(b) Delay (if any) in taking out this Interim Application be condoned;"

4. The amendment shall be carried out within a period of 3

weeks from today and a copy of the amended plaint and proceedings

shall be served on the Defendants within a period of 2 weeks thereafter.

5. The Defendants are at liberty to file their written

statements/additional written statements as well as

affidavit-in-reply/additional affidavit-in-reply to Interim Application

APRIL 25, 2023 Utkarsh

8.ia(l).10685.2023.doc

(L) No.3112 of 2023 [seeking summary judgment] within a period of 2

weeks from the date of service of the amended Plaint and Proceedings

on the said Defendants.

6. The above Interim Application is disposed of in the

aforesaid terms. However, there shall be no order as to costs.

7. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by

fax or email of a digitally signed copy of this order.

[ B. P. COLABAWALLA, J ].

APRIL 25, 2023 Utkarsh