Falcon Offshore Services I Pvt Ltd v. The Board Of Mumbai Port Authority
20-IA-2648-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 2648 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 29 OF 2024 FALCOM OFFSHORE SERVICES )...APPLICANT
IN THE MATTER BETWEEN
THE BOARD OF MUMBAI PORT AUTHORITY )...PLAINTIFF V/s.
SALE PROCEEDS OF THE VESSEL BARGE ) MADHWA AND ANOTHER )...DEFENDANTS Mr.Dhruva Gandhi a/w. Ms.Khushboo Rupani and Ms.Sharon Shetty Digitally signed by ARTI VILAS KHATATE Date:
2025.07.26 11:54:52 +0530 ARTI VILAS KHATATE i/by HSA Advocates, Advocate for the Plaintiff. Mr.Prathamesh Kamat a/w. Mr.Kayush Zaiwalla, Ms.Apurva Mehta (Pohonekar) and Ms.Prachi Gharat i/by ANB Legal, Advocate for the Applicant / Defendant no.2.
CORAM
:
ABHAY AHUJA, J.
DATE :
25th JULY 2025 P.C. :
1.
When the matter is called out, Mr.Prathamesh Kamat, learned Counsel, appears for the Applicant and submits that the Applicant is the Defendant no.2 in the Suit and the Interim Application seeks summary dismissal under Order XIII-A of the Code of Civil Procedure, 1908 avk 1/2
20-IA-2648-2025.doc ("CPC") as the Plaintiff has no real prospect of succeeding in the claim, in as much as, the Plaintiff has itself described the Defendant no.2 as a disclosed agent of the principal. Mr.Kamat submits that reply has already been filed and there is no need to file any rejoinder as the reply contains only bare denials.
2.
Mr.Dhruva Gandhi, learned Counsel appearing for the Plaintiff Port Authority and for the Respondents in the application submits that some time be granted to consider the submissions made by Mr.Kamat. Mr.Gandhi also submits that he has instructions to file an Interim Application under Order XIII-A of the CPC in the Suit against the sale proceeds of the Vessel. Mr.Gandhi submits that the matter be listed on 22nd August 2025.
3.
List on 22nd August 2025.
4.
It is made clear that on the next date no further time would be granted and this Court will proceed with the hearing of the Interim Application.
(ABHAY AHUJA, J.) avk 2/2