The Board Of Mumbai Port Authority v. Sale Proceeds Of The Vessel Osv Ocean Explorer Imo 9303637

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ADMIRALTY SUIT NO. 30 OF 2024 THE BOARD OF MUMBAI PORT AUTHORITY )...PLAINTIFF V/s.

OSV OCEAN EXPLORER IMO 9303637 )...DEFENDANT WITH INTERIM APPLICATION NO. 4334 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 30 OF 2024 WITH INTERIM APPLICATION NO. 1488 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 30 OF 2024 Ms.Khushboo Rupani a/w. Mr.Sharan Shetty i/by HSA Advocates, Advocate for the Plaintiff.

Ms.Anisha Balse i/by Mr.Prerak Choudhary, Advocate for the Proposed Defendant no.2.

Mr.Dhruva Gandhi a/w. Mr.Siddharth Manek, Mr.Heetkumar Vachhani i/by Crawford Bayley and Co., Advocate for the Defendant.

CORAM

:

ABHAY AHUJA, J.

DATE :

19th SEPTEMBER 2025 P.C. :

1.

The learned Counsel appearing for the Plaintiff and the ship owner tender across the bar Consent Terms dated 19th September 2025 submitting that the Suit has been worked out in terms of the said ARTI VILAS KHATATE Consent Terms and that the said Consent Terms be taken on record. by ARTI VILAS KHATATE Date:

2025.09.19 15:10:57 +0530 avk 1/3

2.

Ms.Khushboo Rupani, learned Counsel, appearing for the Plaintiff, however, points out that the ship owner - Defendant no.2 is not a party to the Suit and that the Interim Application No.4334 of 2025 seeks to bring the ship owner as party Defendant no.2 to the Suit. Ms.Rupani submits that once the Interim Application is allowed and amendments carried out, the Consent Terms be taken on record. 3.

Mr.Dhruva Gandhi, learned Counsel, appearing for the Vessel and the ship owner has no objection if the ship owner is added as Defendant no.2 to the Suit.

4.

Ms.Anisha Balse, learned Counsel, appearing for the agent also has no objection if the agent is added as a party to the Suit. 5.

Mr.Gandhi submits that since the ship owner would be made a party, it would not be necessary to make the agent a party to the Suit. Ms.Rupani for the Plaintiff agrees with the same. 6.

Accordingly, Interim Application No.4334 of 2025 is allowed to the extent of impleading the ship owner viz. M/s.Alam Maritime (M) SDN BHD as Defendant no. 2 to the Suit. Let amendments be carried out forthwith. Re-verification is dispensed with. avk 2/3

7.

The Interim Application, accordingly, stands allowed and disposed as above.

8.

The Consent Terms are taken on record and marked "X" for the purposes of identification.

9.

The Suit stands disposed in terms of the Consent Terms. 10.

Refund of Court fees, if any, as per rules.

11.

The learned Counsel submit that in view of the disposal of the Suit, Interim Application No.1488 of 2025 would be rendered infructuous.

12.

Interim Application No.1488 of 2025, accordingly, stands disposed as infructuous.

(ABHAY AHUJA, J.) avk 3/3