Western India Shipyard Limited Now Through Resoultion Professional Mr.O.P. Kanoongo v. M V Qing And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION [ COMMERCIAL DIVISION ] INTERIM APPLICATION NO.2450 OF 2020 IN COMMERCIAL ADMIRALTY SUIT NO.63 OF 2016 Western India Shipyard Ltd.

.. Applicant-Plaintiff Vs.

M.V. QING and Ors.

.. Defendants Mr. Aditya Mehta, with Mr. Bhargav Kosuru, i/by Indus Law, for the Applicant-Plaintiff.

None for the Defendants.

Mr. Jitendra Mishra for the Applicant in Notice of Motion No.2374 of 2019. CORAM : A. K. MENON, J.

TH JANUARY, 2022.

DATE : 18 [ THROUGH VIDEO CONFERENCE ] P.C. :

1.

Mr. Mehta appearing in support of the IA submits that this IA has been duly served upon the defendants on 4 th January 2022. He undertakes to file affidavit-of-service during the course of the day. Statement is accepted. 2.

None appears for the defendants.

3.

The IA seeks amendment to the plaint in terms of the schedule annexed thereto. In view thereof, I pass the following order :- (i) IA is allowed in terms of prayer clause (a), subject to the right of the defendants to object on the ground of limitation, if any, by filing an additional written statement. 1/2 20-IA-2450-2020.doc Dixit

(ii) Amendment to be carried out within two weeks from today.

(iii) Amended copy of the plaint shall be served upon the defendants within one week thereafter.

(iv) Additional written statement, if any, to the amended plaint to be filed within eight weeks thereafter.

(v) At the request of Mr. Mehta, list Notice of Motion No.2374 of 2019 for disposal on 25 th January 2022.

(vi) IA is disposed in the above terms.

(A.K. MENON, J.) 2/2 SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date:

2022.01.19 15:36:30 +0530 20-IA-2450-2020.doc Dixit