Mohammed Faisal Mohammed Iqbal Khan vs The Sale Proceeds Of Mv Kaptan Hasan Onal ...
2025 Latest Caselaw 1139 Bom

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.

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.

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.)