Bhambhani Shipping Ltd v. The Board Of Mumbai Port Authority

16-IA-1489-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1489 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 81 OF 2021 BHAMBHANI SHIPPING LTD.

)...APPLICANT

IN THE MATTER BETWEEN

THE BOARD OF MUMBAI PORT AUTHORITY )...PLAINTIFF V/s.

HALANI STAR AND OTHERS )...DEFENDANTS Mr.Ajai Fernandes a/w. Mrs. Nina Motiwalla, Mr.R. Motiwalla, Ms.Janhavi Kandekar, Ms.Anjali Kotecha i/by Motiwalla & Co., Advocate for the Plaintiff.

Mr.Dhruva Gandhi a/w. Mr.Siddarth Manek, Mr.Heetkumar Vachhani and Ms.Charmi Shah i/by Crawford Bayley and Co., Advocate for the Applicant / Defendant no.2 in COMAS/81/2021.

Digitally signed by ARTI VILAS KHATATE Date:

2025.07.25 19:11:12 +0530 ARTI VILAS KHATATE

CORAM

:

ABHAY AHUJA, J.

DATE :

25th JULY 2025 P.C. :

1.

Mr.Dhruva Gandhi, learned Counsel for the Applicant / Defendant no.2, has concluded his arguments in support of the application, so also Mr.Ajai Fernandes, learned Counsel for the Plaintiff has almost concluded his arguments in opposition. avk 1/2

16-IA-1489-2025.doc 2.

However, Mr.Fernandes seeks to consider placing on record a note with respect to interpretation of proviso to Rule 10 of Order VIII of the Code of Civil Procedure, 1908 ("CPC") and its applicability to Rule 9 of Order VIII of the CPC as applicable to commercial disputes. 3.

At his request, list on 1st August 2025.

(ABHAY AHUJA, J.) avk 2/2