Kumar Vellekkat Achutan And 13 ORS v. M. V. Neel Akash Imo No. 8316560 And 3 ORS And Varun Maritime Ltd (Respondent)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION CHAMBER SUMMONSN (L) NO.1457 OF 2017 IN ADMIRALTY SUIT (L) NO.531 OF 2017 Kumar Vellekkat Achutan & Ors.

....Applicants/Plaintiffs Vs.

M.V. Neel Akash and Ors.

....Defendants And Varun Maritime Limited ....Respondent ---- Ms. Prapti Kedia i/b. Khare Legal Chambers for applicants/plaintiffs. Mr. Kunal Mehta a/w. Mr. Aman Gupta i/b. Crawford Bayley and Co. for defendant no.2/respondent.

---- CORAM : K.R.SHRIRAM, J.

DATE : 20th DECEMBER, 2017 P.C.:

This chamber summons is taken out to amend the plaint as per Schedule - I and II annexed to the chamber summons. By the proposed amendment, plaintiffs seek to add respondent as defendant and also add paragraph to the plaint consequent thereto.

Mr. Mehta, counsel for respondent, on instructions states that respondent has no objection to the relief prayed for being granted. In the circumstances, chamber summons is allowed and accordingly disposed in terms of prayer clauses - (a) and (b) which read as under :

(a) pending the hearing and final disposal of the suit, an order and direction be passed allowing the Applicants/ Gauri Gaekwad

2/2 51.CHSL-1457-2017.doc Plaintiffs to amend the Plaint to implead Varun Maritime Ltd. as Defendant No.3A in terms of Schedule I hereto; (b) pending the hearing and final disposal of the suit, an order and directions be passed allowing the Applicants/ Plaintiffs to replace/substitute paragraph 3 (B) in the Plaint with the paragraph 3B mentioned in Schedule II and the Exhibits mentioned therein be allowed to be annexed to the Plaint.

Amendment to be carried out and copy of the amended plaint to be served within three weeks from today.

Mr. Mehta, counsel for respondent and defendant no.2, who is being added as defendant no.3(a), waives service of writ of summons. Written statement to be filed and copy served within four weeks of receiving copy of the amended plaint. Suit to be listed for directions on 16th February, 2018. (K.R. SHRIRAM, J.) Gauri Gaekwad