The Board Of Trustees Of The Port Of Mumbai v. M. V. Brahmaputra Dolphin And 2 ORS.

7 IA 4882-22.DOCX by LAXMI SUBHASH SONTAKKE Date:

2023.03.20 17:37:04 +0530 LAXMI SUBHASH SONTAKKE Laxmi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION INTERIM APPLICATION NO. 4882 OF 2022 IN COMMERCIAL ADMIRALTY SUIT NO. 36 OF 2022 The Board of Trustees of the Port of Mumbai ..Applicant Vs.

M. V.Brahmaputra Dolphin & Ors.

..Defendants -------- Ms. Sneha Pandey i/b. Motiwalla & Co. for the Applicant. Mr. Rohan Mathur, Siddhant Marathe i/b. Anoma Law Group LLP for Defendant Nos. 1 and 2.

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CORAM:

B. P. COLABAWALLA, J DATED:

17 MARCH 2023 P.C.

1.

The above Application is filed seeking to amend the Plaint, Vakalatnama, Memorandum, Synopsis, Affidavit in Support etc. and other proceedings as per schedule annexed to the Interim Application. Basically the amendment sought is a change in the name of the Plaintiff from its current name to "Board of Mumbai Port Authority". 2.

The learned Advocate appearing for Defendant Nos. 1 and 2 has fairly stated that Defendant Nos. 1 and 2 have no objection if the amendment is allowed.

Page 1 of 17 March 2023

7 IA 4882-22.DOCX 3.

As far as Defendant No.3 is concerned, none have appeared on their behalf even though they are duly served. 4.

Having heard the learned Counsel for the parties and after perusing the schedule annexed to the Interim Application, I do not see any impediment in allowing the amendments sought for. In these circumstances, the Interim Application is made absolute in terms of prayer clauses (a) and (b) which read thus:

"a) The Applicants/Plaintiffs be given liberty to amend the Plaint, Vakalatnama, Memorandum, Synopsis, Affidavit in support etc. and other proceedings as per the Schedule annexed to the Interim Application;

b) Delay (if any) in taking out this Interim Application be condoned."

5.

The amendment shall be carried out within a period of two weeks from today and the amended copy of the Plaint shall be served on the Advocates for the Defendants within a period of two weeks thereafter. Re-verification is dispensed with.

6.

The above Interim Application is accordingly disposed of. No order as to costs.

7.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on B. P. COLABAWALLA, J Page 2 of 17 March 2023