Visalakshi Ramanathan Chettiar v. M V Shivam And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION by KANCHAN PRASHANT DHURI Date:

2025.06.28 16:31:43 +0530 KANCHAN PRASHANT DHURI ADMIRALTY SUIT NO. 2 OF 2015 Visalakshi Ramanthan Chettiar ... Plaintiff

Versus

M.V. Shivam and another ... Defendants WITH INTERIM APPLICATION NO. 2260 OF 2025 INTERIM APPLICATION NO. 2019 OF 2025 IN ADMIRALTY SUIT NO. 2 OF 2015 ............

Ms. Sandhya Pillai alongwith Mr. Mayank Joshi and S. Tripathi and Ms. Mansi Pawar, Advocate for the Plaintiff.

Mr. Sumit Batra alongwith Ms. Priyanka Jindal, Advocate for Defendant No.2.

Mr. Ajai Fernandes alongwith Ms. Nina Motiwalla and Ms. Janhavi Kandekar instructed by Motiwalla & Co., Advocate for the Defendant No.3.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

27 JUNE 2025 P.C. :

Interim Application No. 2019 of 2025 :

1.

Ms. Pillai, learned Counsel, appears for the Plaintiff and seeks some more time to take out Interim Application to amend the Interim Application No. 2019 of 2025.

Kanchan Dhuri 1/3

Interim Application No.2260 of 2025 :

2.

This Interim Application has been filed by the Mumbai Port Authority seeking the following reliefs :

(a) That the Sheriff of Mumbai be directed to issue Notice inviting claims under Rule 1087 of the Bombay High Court (Original Side) Rules, 1980 and the expenses so incurred by the Sheriff of Mumbai be paid out of the sale proceeds of the 1st Defendant vessel.

(b) That this Hon'ble Court be pleased to determine the priorities of the claims against the 1st Defendant Vessel, M.V. SHIVAM, now represented by her sale proceeds, as per section 9 and section 10 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017;

(c) That the Hon'ble Court be pleased to order that the Applicant's claim for Rs.5,71,697/- is a maritime lien and ranks higher than that of the Plaintiffs as the claim of the Plaintiffs' claim is not even a maritime lien but a maritime claim;

(d) That after deciding the priorities of various claims against the sale proceeds, a sum of Rs.5,71,697/- with further interest @ 16.25% on the principal sum of Rs.1,83,726/- be paid to the Applicants from 01/04/2025 till payment and/or realisation and costs be released in favour of the Applicants towards its statutory dues;

Kanchan Dhuri 2/3

3.

Let a copy of this Application be served on all concerned including the parties to the said application and an appropriate Affidavit of service be filed within a period two weeks. 4.

Let reply be filed within a period of two weeks thereafter and rejoinder be filed within a week thereafter.

5.

List on 25th July 2025.

(ABHAY AHUJA, J.) Kanchan Dhuri 3/3