The Board Of Trustees Of The Port Of Mumbai v. The Sale Proceeds Of The Vessel Mv Tag-22

17-IA3074-2022INCOMAS48-2021.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3074 OF 2022 IN COMM ADMIRALTY SUIT NO. 48 OF 2021 SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2023.02.22 10:56:49 +0530 The Board of Trustees of the Port of Mumbai ...Applicant In the matter between The Board of Trustees of the Port of Mumbai ...Plaintiff

Versus

The Sale Proceeds of the Vessel MV Tag-22 (IMO No.9127318) ...Defendant Ms. Sneha Pandey, i/b Motiwala & Co., for the Plaintiff. Ms. Nidhi Shah, i/b Amir Arsiwala, for the Liquidator of TAG Offshore Limited.

CORAM:

N. J. JAMADAR, J.

DATED :

21st FEBRUARY, 2023 PC:- 1.

Heard the learned Counsel for the applicant and the learned Counsel for the defendant.

2.

This application is taken out to amend the plaint primarily consequent to the change in the name of the plaintiff brought about by the enactment of Major Port Authorities Act, 2021. In addition, in paragraph 8 of the proposed Schedule of 1/2

17-IA3074-2022INCOMAS48-2021.DOC Amendment, the plaintiff - applicant proposes to refer to and rely upon the application for Stream Berth (Exhibit-J1). 3.

The amendment so far as incorporation of the change in the name of the plaintiff consequent to enactment Major Port Authorities Act, 2021 is essentially consequential. Even the insertion of averments as regards the undertaking allegedly contained in the application for Stream Berth (Exhibit-J1) to the instant application, does not seem to be such as to change the nature of the suit or cause irretrievable prejudice to the defendants. The amendment is sought at a pre-trial stage. Hence, the application stands allowed in terms of prayer Clause (a).

4.

Necessary amendment in accordance with the Schedule appended to the application be carried out within a period of three weeks and amended copy of the plaint be served on the defendant within two weeks thereafter.

5.

The defendant is at liberty to file an additional written statement within four weeks of being served with the amended copy of the plaint.

6.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2