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Bombay High CourtIA/3823/2025disposed off

Monirul Kaji v. The Sale Proceed Of Mv Brahmaputra Dolphin

2025-10-10Hon'Ble Shri Justice Abhay Ahuja2 pages

37-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 AND OTHERS )... APPLICANTS

IN THE MATTER BETWEEN

MONIRUL KAJI AND OTHERS )... PLAINTIFFS V/s.

THE SALE PROCEED OF MV BRAHMAPUTRA ) DOLPHIN AND ANOTHER )... RESPONDENTS Mr.Shubro dey i/by Mr.Sotapa Saha, Advocate for the Applicants/ Plaintiffs.

None for the Respondents.

CORAM

:

ABHAY AHUJA, J.

DATE :

10 OCTOBER 2025 P.C. :

1.

When the matter is called out, Mr.Shubro Dey, learned Counsel, appears for the Interim Applicants / Plaintiffs and submits that he has had an opportunity to consider the report submitted by the Commissioner appointed by this Court vide order dated 2nd May 2025. That, except one observation with respect to the Interim Applicant / Plaintiff no.6 that original Bureau of Immigration certificate is not produced, the Commissioner has verified the original ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2025.10.11 13:52:23 +0530 avk 1/2

37-IA-3823-2025.doc agreements/contracts, original Bureau of Immigration letters and Powers of Attorney.

2.

It is also observed that although this Court had directed the filing of original agreements / contracts, passports, continuous discharge certificates, Seaman's book and wage statements in respect of crew members with their claims in the Suit, Bureau of Immigration letters evidencing sign off, Powers of Attorney, the report mentions that as far as the passports and continuous discharge certificates are concerned, only photocopies have been submitted.

3.

Let appropriate Affidavits in this regard explaining the variance from the order and that observed by the learned Commissioner be filed in this Court within a period of four weeks.

4.

List on 28th November 2025.

5.

On the next date this Court will also quantify the costs of the learned Commissioner.

(ABHAY AHUJA, J.) avk 2/2