Avdhesh Kumar Verma v. Awadh Kishore Diwakar

45-IA-4056-2025-ADMS-1-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION INTERIM APPLICATION NO. 4056 OF 2025 IN ADMIRALTY SUIT NO. 1 OF 2024 AVDHESH KUMAR VERMA )...APPLICANT

IN THE MATTER BETWEEN

AVDHESH KUMAR VERMA AND OTHERS )...PLAINTIFFS V/s.

SALE PROCEEDS OF THE VESSEL M.T.PREM ) MALA IMO NO.9209972 AND ANOTHER )...DEFENDANTS Mr.Arnab Ghosh, Advocate for the Applicant / Plaintiffs. None for the Defendants.

CORAM

:

ABHAY AHUJA, J.

DATE :

22nd AUGUST 2025 P.C. :

1.

This Interim Application seeks transfer of the Admiralty Suit to the Commercial Division of this Court, to be registered as a Commercial Admiralty Suit.

2.

Mr.Arnab Ghosh, learned Counsel, appearing for the Applicant / Plaintiff no.1 submits that since the claim in the Suit, as can be seen from paragraphs 12, 18 and 21 of the plaint, is Rs.21,90,459/-, which is more than the specified value of Rs.3,00,000/- as per the Commercial avk 1/2

45-IA-4056-2025-ADMS-1-2024.doc Courts Act, 2015, (the "said Act"), in view of Section 15(1) read with 2(1)(c)(iii) of the said Act, this Suit would have to be transferred to the Commercial Division of this Court.

3.

Having heard the learned Counsel and having perused the plaint in the light of the Commercial Courts Act, I am of the view that the Suit be transferred to the Commercial Division.

4.

Registry is directed to give a Commercial Division number to the Suit within a period of two weeks.

5.

The Interim Application, accordingly, stands allowed and disposed as above.

(ABHAY AHUJA, J.) ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2025.08.22 18:10:53 +0530 avk 2/2