The Board Of Trustees Of The Port Of Mumbai v. Aban Ice (Imo No.5171189) And 2 ORS

by SWAROOP SHARAD PHADKE Date: 2022.08.25 14:53:42 +0530 SWAROOP SHARAD PHADKE 31 ia 3776 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.3776 OF 2022 IN COMM. ADMIRALTY SUIT NO.13 OF 2022 The Board of Trustees of the Port of Mumbai ...

Applicant/Plaintiff

Versus

Aban Ice and Ors.

...

Defendants Mr. Ajai Fernandes with Ms. Sneha Pandey i/by Motiwala and Co., for Plaintiff. Ms. Poorva Garg with Mr. Simon Mascarenhas i/by Mulla and Mulla and Craigie Blunt and Caroe, for Defendant Nos.1 and 2.

CORAM: N.J.JAMADAR, J.

DATE:

rd AUGUST, 2022 P.C.:

1.

Heard the learned Counsel for the Applicant/Plaintiff. 2.

This Application is taken out by the Applicant/Plaintiff to amend the Plaint and description of the Plaintiff in the Vakalatnama and other proceeding in view of the change in the nomenclature of the Plaintiff brought out by the Major Port Authorities Act, 2021.

3.

Perused the schedule of amendment appended to the Application. Proposed amendment seems to be consequential to and necessitated by the legislative change brought out by the incorporation of the Major Port Authorities Act, 2021 in place of the Major Port Trust Act, 1913. There is no element of prejudice whatsoever SSP 1/2

31 ia 3776 of 2022.doc to the Defendant. Hence, the Application stands allowed in terms of prayer clause (a). Necessary amendment be carried out in accordance with the Schedule of amendment appended to the application within a period of two weeks and amended copy of the plaint be served on the Defendant within one week thereafter. Comm. Admiralty Suit No.13 of 2021 4.

In terms of the order dated 29 th June, 2022, Mr. Fernandes, learned Counsel for the Plaintiff, seeks time to do the needful. 5.

List on 13 th September, 2022.

( N.J.JAMADAR, J. ) SSP 2/2