Louis Pappas v. Mahadeva Shipping And Management Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE JURISDICTION COMMERCIAL ADMIRALTY SUIT NO.14 OF 2023 Louis Pappas Corp ...Plaintiff V/s.

M.V. Kaptan Hasan Onal IMO No.9539559 ...Defendant WITH COMMERCIAL ADMIRALTY SUIT NO.18 OF 2025 WITH INTERIM APPLICATION NO.982 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO.18 OF 2025 WITH COMMERCIAL ADMIRALTY SUIT NO.23 OF 2025 WITH INTERIM APPLICATION NO.2289 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO.23 OF 2025 WITH INTERIM APPLICATION NO.2288 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO.23 OF 2025 WITH JUDGE'S ORDER (L) NO.36173 OF 2023 IN COMMERCIAL ADMIRALTY SUIT NO.23 OF 2025 Digitally signed by NIKITA YOGESH GADGIL Date:

2025.08.01 19:51:57 +0530 Mr.Abhinav Shah i/b Mr.Jiteish Agarwal, Advocate for the Plaintiff in COMAS/18/2025.

Mr.Ajai Fernandes a/w Mrs. Nina Motiwalla, Ms.Janhavi Kandekar, Ms.Anjali Kotecha i/b Motiwalla & Co., Advocates for the Plaintiffs in COMAS/23/2025.

Mr.Dhruva Gandhi a/w Ms.Bulbul Singh Rajpurohit, Ms.Charmi Shah i/b M/s. Crawford Bayley & Co., Advocates for the Plaintiffs in COMAS/14/2023 and for Applicants in IA/982/2025. Ms.Apurva Mehta (Pohonerkar) Ms.Prachi Gharat i/b ANB Legal, Advocate for the Applicant/Plaintiff in IAL/21143/2025 in COMAS/9/2025.

NIKITA YOGESH GADGIL 1/4

Ms. Apurva Mehta (Pohonerkar) Ms.Prachi Gharat i/b ANB Legal, Advocate for the Applicant/Plaintiff in IAL/32526/2024.

CORAM

:

ABHAY AHUJA, J.

DATE :

1st AUGUST, 2025 P.C. :

Judge's Order (L) No. 36173 of 2023 1.

Learned Counsel appearing for the Plaintiff submits that the Judge's Order is wrongly on board as the same has already been disposed of.

2.

Accordingly, remove from board as the same has already been disposed of.

Interim Application No. 982 of 2025 in Commercial Admiralty Suit No.18 of 2025 3.

This Interim Application seeks intervention of the Applicant in the Commercial Admiralty Suit No. 18 of 2025. 4.

Mr. Shah, learned Counsel appears for the Plaintiff in the Suit and submits that he has no objection if the Applicant in the Interim Application is allowed to intervene and be impleaded as a party Defendant in the Suit.

5.

Having heard the learned Counsel and having considered the submissions, the Interim Application is allowed in terms of the prayer 2/4

Clause (a), which reads thus:- "(a) Permit the Applicant to intervene in the present proceedings under Rule 1086 of the Bombay High Court (Original Side) Rules, 1980, and be impleaded as a party defendant in the present suit."

6.

Let the Applicant be impleaded as party Defendant in the Commercial Admiralty Suit No. 18 of 2025. Let the Plaint be amended within a period of two weeks and let the amended Plaint be served within a period of two weeks thereafter and an appropriate affidavit of service be filed in this regard.

7.

Mr. Gandhi, learned Counsel appears for the Applicant in the Interim Application No. 982 of 2025 and for the Plaintiffs in Commercial Admiralty Suit No. 14 of 2023 and submits that 30 days time be granted to file written statement.

8.

Let written statement be filed within a period of 30 days from the date of service.

9.

The Interim Application accordingly stands allowed and disposed as above.

10.

List the Suit on 26th September, 2025.

3/4

Interim Applications No. 2288 of 2025 and 2289 of 2025 in Commercial Admiralty Suit No. 23 of 2025 11.

Mr. Fernandes, learned Counsel appears for the Port Authority and submits that these two Interim Applications seek to amend the Plaint. Mr. Fernandes submits that service has already been effected. 12.

Mr. Gandhi, learned Counsel appearing for the Defendant No. 5 in the said Suit seeks to file reply to the said Interim Applications. 13.

Let replies be filed within a period of two weeks with copy to the others. Rejoinder(s) in a week thereafter with copy to the others. 14.

List on 29th August, 2025.

(ABHAY AHUJA, J.) 4/4