Monirul Kaji v. The Sale Proceed Of Mv Brahmaputra Dolphin

33-IA-3823-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 3823 OF 2025 IN COMMERCIAL ADMIRALTY SUIT NO. 80 OF 2021 MONIRUL KAJI )...APPLICANT V/s.

THE SALE PROCEEDS OF MV BRAHMAPUTRA ) DOLPHIN )...RESPONDENT Ms.Sutapa Saha, Advocate for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

19th DECEMBER 2025 P.C. :

1.

When the matter is called out, Ms.Sutapa Saha, learned Counsel, appears and submits that she has verified the exhibits with the report submitted by the Commissioner and that all the documents submitted to the Commissioner are in order except the comment on the certificate from the Bureau of Immigration which the learned Counsel submits is a print out from the website of the DG Shipping. 2.

Ms.Saha further submits that since there are discrepancies in the ARTI VILAS KHATATE amounts, this Court may permit amendment of the plaint and the Interim Application in accordance with the draft amendment tendered by ARTI VILAS KHATATE Date:

2025.12.19 18:59:41 +0530 avk 1/2

33-IA-3823-2025.doc across the bar and consequential amendments including substitution of the exhibit with respect to the particulars of claim. Ms.Saha submits that since the claim is against the sale proceeds of the offending Vessel, service of the same is not necessary.

3.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that the amendment of the plaint and the Interim Application be permitted in terms of the draft amendment.

4.

Let the amendment including substitution of the particulars of the claim be carried out within a period of four weeks. 5.

List on 6th February 2026.

(ABHAY AHUJA, J.) avk 2/2