Tabassum Hussain And 4 ORS v. Mv Shubhprada (Imp No 9377626)

6. COMAS 1-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT NO. 1 OF 2025 Tabassum Hussain and Ors.

...Plaintiffs V/s.

MV Shubhprada IMO 9377626 ...Defendant Mr. Jeet S. Bijlani i/b Rex Legalis for the Plaintiffs. Mr. Siddharth Manek with Mr. Heetkumars Vachhani i/b Crawford Bayley and Co. for the Defendant.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th JULY, 2025 P.C. :

1.

Mr. Bijlani, learned Counsel appears for the Plaintiff and submits that the Chamber Order has been filed for discharge in the matter with the Prothonotary & Senior Master.

2.

On 27th June, 2025, the following order was passed:- "1.

None for the Plaintiffs.

2.

On 28th March, 2025, the following order was passed :

"1.

The learned Counsel appearing in the matter submit that since the written statement has already been filed, this Court may list the matter for case management hearing. 2.

The Plaintiffs shall within a period of four weeks file (i) the evidence affidavit on behalf of the Plaintiffs along with list of Plaintiffs' witnesses; (ii) an affidavit of documents and (iii) a compilation of documents duly indexed and paginated with a copy to the Advocate for the Defendant.

3.

Thereafter, the Defendant shall within a period of four weeks file (i) an affidavit of documents and (iii) a compilation of documents duly indexed and paginated with a copy to the Digitally signed by NIKITA YOGESH GADGIL Date:

2025.07.25 18:50:16 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 1/2

6. COMAS 1-25.doc Advocate for the Plaintiffs.

4.

Discovery and inspection is to be completed and statements of admission and denial are to be exchanged by 13th June, 2025.

5.

List for case management hearing on 27th June, 2025." 3.

Mr. Siddarth Manek, learned Counsel appearing for the Defendants points out that no compilation of documents has been filed on behalf of the Plaintiff.

4.

As and by way of last chance, let the compilation of documents of the Plaintiff as well as the Defendants be filed and exchanged within a period of two weeks.

5.

Let discovery and inspection be completed and statements of the admission and denial be exchanged in two weeks thereafter.

6.

List for case management hearing on 25th July, 2025. 7.

It is made clear that no further extension of time will be granted and any such request will be met with costs." 3.

Obviously, since the Advocate for the Plaintiff is not receiving instructions, the aforesaid order has not been complied with. 4.

Accordingly, issue notice to the Plaintiff, returnable on 29th August, 2025 5.

It is made clear that if none appears for the Plaintiff on the next date, this Court will consider dismissing the Suit. 6.

List on 29th August, 2025 (ABHAY AHUJA, J.) Nikita Gadgil 2/2