Ssl Brahmaputra Imo 9238806 v. Baltic Shipping Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION INTERIM APPLICATION NO.1369 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO.33 OF 2024 SSL Brahmaputra IMO No.9238806 ...Applicant (Original Defendant No.1) In the matter Between :

Baltic Shipping Private Limited ...Plaintiff V/s.

SSL Brahmaputra IMO No.9238806 And Another ...Defendants WITH COMMERCIAL ADMIRALTY SUIT NO.33 OF 2024 Ms.Sanjana Muttath i/b Rex Legalis, Advocate for the Plaintiff. Mrs.Naira Jeejeebhoy a/w Mr.Ruchir Goenka, Ms.Deepanshi Kapoor i/b Bose & Mitra & Co., Advocate for the Respondent No.1.

CORAM

:

ABHAY AHUJA, J.

DATE :

4th JULY, 2025 P.C. :

Interim Application No. 1369 of 2025 1.

Ms. Jeejeebhoy, learned Counsel appears for the Respondent No. 1 and submits that this Interim Application seeks amendment to the written statement in terms of Schedule A.

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2.

It is submitted that the Applicant has in paragraph 1 of the written statement stated that "References to "the Defendant" are references to both Defendant No. 1 and the Registered Owners of Defendant No.1 and unless otherwise stated, the references to "the Cargo" are to the Plaintiff's cargo.", which the Applicant seeks to amend and be substituted by "References to "the Defendant No.1" are references to both Defendant No.1 and the Registered Owners of Defendant No.1 as contextually appropriate and also that unless otherwise stated the references to "the Cargo" are to the cargo allegedly carried by the Plaintiff" and additionally, all references to "the Defendant/Defendant No.1/Answering Defendant etc." as mentioned in the Written Statement be substituted by the "Defendant No.1". 3.

Ms. Jeejeebhoy submits that the Application is made bonafide and in the interest of justice and the amendments sought are only clarificatory and is neither barred by limitation and nor alters the cause of action and that the same be permitted in the interest of justice. 4.

Ms. Muttah, learned Counsel appearing for the Plaintiff has no objection if the amendment to the written statement is permitted. 2/3

5.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that the amendment to the written statement being clarificatory and in order to avoid confusion, the said amendment be permitted.

6.

Accordingly, the Application is allowed in terms of prayer Clause (a), which reads thus:- "(a) This Hon'ble Court be pleased to allow the amendments in the Written Statement as sought in the Schedule A of the present Interim Application".

7.

The Amendment as per Schedule A to the written statement be carried out within a period of two weeks. Let the amended written statement be served upon the Plaintiff within a period of two weeks thereafter and an appropriate affidavit of service be filed in this regard. 8.

The Interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) NIKITA YOGESH GADGIL NIKITA YOGESH GADGIL Date: 2025.07.05 17:52:58 +0530 3/3