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Bombay High CourtIA/2647/2025disposed off

Kroll Trustee Services Limited v. Winstar Shipholding S A

2025-08-08Hon'Ble Shri Justice Abhay Ahuja2 pages

11-IA-4649-2022@CONNECTED APPLICATIONS.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 4649 OF 2022 IN COMMERCIAL ADMIRALTY SUIT NO. 41 OF 2022 WINSTAR SHIPHOLDING SA )...APPLICANT V/s.

KROLL TRUSTEE SERVICES LTD.

)...RESPONDENT WITH INTERIM APPLICATION NO. 2647 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 32 OF 2022 Mr.Ram Jay Narayan i/by Mr.Ashwin Shanker, Advocate for the Applicant in IA/4649/2022.

Mr.Rishabh Saxena i/by Bose & Mitra & Co., Advocate for the Respondent in IA/4649/2022.

CORAM

:

ABHAY AHUJA, J.

DATE :

8th AUGUST 2025 P.C. :

1.

This matter was kept back in the morning session as the learned ARTI VILAS KHATATE Counsel had taken some time to identify the cross intervention ARTI VILAS KHATATE Date: 2025.08.08 20:03:36 +0530 applications which can be allowed today.

2.

When the matter is called out in the afternoon session, both the learned Counsel submit that Interim Application No.4649 of 2022 and Interim Application No.2647 of 2025 can be allowed in terms of prayer AVK 1/2

11-IA-4649-2022@CONNECTED APPLICATIONS.doc clauses (a), (b) and (c) which read thus :

INTERIM APPLICATION NO. 4649 OF 2022 "(a) Admit this application and permit the Applicant to intervene in Commercial Admiralty Suit no.32 of 2022 under Rule 1086 of the Bombay High Court (Original Side) Rules, 1980, and be impleaded as a party Defendant in the present Suit and allow the Applicant to file its defence; (b) Pending the hearing and final disposal of the present Application, this Hon'ble Court be pleased to stay the Suit (being Commercial Admiralty Suit No.32 of 2022) filed by the Respondent / Original Plaintiff.

(c) Costs of this Application."

INTERIM APPLICATION NO. 2647 OF 2025 "(a) Make this Interim Application absolute and allow the Applicant to intervene in the captioned admiralty Suit in terms of Rule 1086 of Chapter LX of the OS Rules. (b) Direct the Plaintiff to amend the cause title of the plaint and add the Applicant as a Defendant to the captioned admiralty Suit.

(c) Direct the Plaintiff to provide copies of the plaint (as amended in terms of prayer (b)) to the Applicant." 3.

Let written statement in the two Suits be filed within a period of thirty days.

4.

The Interim Applications accordingly stand allowed and disposed as above.

(ABHAY AHUJA, J.) AVK 2/2