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Bombay High CourtIA/3773/2022dismissed

The Board Of Trustees Of The Port Of Mumbai v. Sale Proceeds Of The Vessel Osv Beas Dolphin

2022-08-23Hon'Ble Shri Justice N. J. Jamadar2 pages

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2022.08.25 14:30:20 +0530 13 ia 3773 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.3773 OF 2022 IN COMM. ADMIRALTY SUIT NO.83 OF 2021 The Board of Trustees of the Port of Mumbai ...

Applicant/Plaintiff

Versus

Sale Proceeds of Vessel OSV Beas Dolphin ...

Defendant Ms. Sneha Pandey i/by Motiwala and Co., for Plaintiff. Mr. Rohan Mathur with Mr. Shubham Agrohari i/by Anoma Law Group LLP, for Defendant.

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 about 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 about 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

13 ia 3773 of 2022.doc to the Defendant.

4.

Hence, the Application stands allowed in terms of prayer clause (a). 5.

Necessary amendment be carried out in accordance with the Schedule of amendment appended to the application within a period of three weeks and amended copy of the plaint shall be served on the Defendant within two weeks thereafter. Comm. Admiralty Suit No.83 of 2021 4.

List on 27 th September, 2022.

5.

Inspection and discovery of documents be completed before the next date.

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