Citation : 2026 Latest Caselaw 5331 Bom
Judgement Date : 20 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.17650 OF 2026
IN
COMMERCIAL ADMIRALTY SUIT (L) NO. 15461 OF 2026
BHALCHANDRA WITH
GOPAL
DUSANE INTERIM APPLICATION (L) NO.17652 OF 2026
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Date: 2026.05.20
20:33:14 +0530
Blue Sea Marine Inc .. Applicant
Vs.
LPG Amir Gaslmo No.9167409 .. Respondent.
Mr. Vikram Nankani, a/w Mr. Vishal Hegde, R.P. Shirole, Deepakar Livingston,
Anuja Apte, Nooraksa Ansari through Samudra Legal LLP for Applicant/
Defendant No.3.
Mr. Ashwin Shankar (through VC) a/w Mr. Santosh Koli and Keyna Bhavsar for
Respondent-Plaintiff.
Mr. Abhimanyu Singh, Advocate for Defendant No.2.
CORAM : GAUTAM A. ANKHAD, J.
(VACATION COURT) DATE : 20th MAY 2026.
P.C. :
1. The present Interim Application is filed by Defendant no.3 inter alia
seeking release of the vessel from arrest and discharge of cargo which is currently
at anchorage of Defendant no.4 - Port.
2. Mr. Nankani, learned Senior counsel appearing for Defendant no.3 submits
that this Court ought to consider passing an order directing release of vessel and
discharge of cargo upon the deposit of 1 Million US Dollars, since the invoice
value of the cargo is only 9,46,990.00 US Dollars. He submits that there is urgency
7 IAL 17650.26 in COMASL 15461.26.doc Dusane
in the matter since the cargo contains hazardous and inflammable material that
could cause damage to the vessel itself.
3. Mr. Shankar, learned counsel appearing for the Plaintiff opposes this
application and submits that there is no such risk whatsoever. He submits that this
application is belatedly filed even though the vessel was arrested on 29 th April
2026 and the invoices upon which Mr Nankani relies upon are of 25 th January
2026. There is no urgency whatsoever in passing any direction and an opportunity
ought to be granted by putting the relevant facts on record.
4. In view of the aforesaid submissions, the Plaintiff is directed to file an
affidavit-in-reply stating necessary facts and particulars. The affidavit shall be
served on the Defendants on or before 23rd May 2026.
5. List this matter on 25th May 2026.
6. Since the safety concern has been raised, issue notice to Defendant no.4.
A copy of this order shall be forwarded by Defendant no.3 to Defendant no.4.
[ GAUTAM A. ANKHAD, J. ]
7 IAL 17650.26 in COMASL 15461.26.doc Dusane
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