Ssl Brahamaputra Imo 9238806 v. M S Iff India Frozen Foods Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ADMIRALTY AND VICE ADMIRALTY JURISDICTION COMMERCIAL ADMIRALTY SUIT NO. 25 OF 2024 IFF India Frozen Foods Pvt. Ltd.

...Plaintiff V/s.

SSL Brahmaputra, IMO 9238806 ...Defendant WITH INTERIM APPLICATION NO. 5567 OF 2025 WITH INTERIM APPLICATION NO. 6158 OF 2025 Ms. Hetvi Savla i/b R. Bhangaran & Associates for the Plaintiff. Ms. Naira Jeejeebhoy with Mr. Ruchir Goenka and Mr. Omkar Pradhan i/b Bose and Mitra and Co. for the Defendants No. 1 and 2. Ms. Poonam Utekar for the Respondents No. 3 and 4. Mr. Kunal Naik for the Defendant No.5.

CORAM

:

ABHAY AHUJA, J.

DATE :

12th DECEMBER, 2025 P.C. :

Commercial Admiralty Suit No. 25 of 2024 1.

After this matter is heard briefly, learned Counsel are ad-idem that the matter be listed for framing of issues on the next date. 2.

List on 23rd January, 2026 for framing of issues. Let draft issues be exchanged in advance.

3.

Registry is directed to accept affidavit(s) of documents / statement(s) of admission and denial / affidavit(s) in support of the admission and denial. Let copies of the aforesaid documents be exchanged by the next date.

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Interim Application No. 5567 of 2025 4.

This Interim Application seeks deletion of the Defendant No.5, who is the Agent of the Disclosed Principal viz. the Defendant No.6. 5.

The other learned Counsel appearing in the matter including learned Counsel for the Plaintiff have no objection if the said deletion is permitted.

6.

Accordingly, having heard the learned Counsel and having considered their submissions and noting that the Defendant No.5 is an Agent of a Disclosed Principal viz. the Defendant No.6, this Court is of the view that the Interim Application be allowed, which is allowed in terms of the prayer Clause (a), which reads thus:- "(a) Strike out and delete the name of Defendant No.5, SPJ, Cargo Private Limited, from the array of parties to Commercial Admiralty Suit No. 25 of 2024 as being improperly joined u/O I, r 10 (2) CPC."

7.

The Plaintiff is directed to carry out the amendments within a period of four weeks and also serve the amended proceedings and file an appropriate affidavit of service. Re-verification is dispensed with. 8.

The Interim Application accordingly stands allowed and disposed as above.

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Interim Application No. 6158 of 2025 9.

This Interim Application seeks change in the name of the Defendant No.2 from Shreyas Shipping and Logistics Limited to Transworld Shipping Lines Limited in accordance with the Schedule-A. 10.

Ms. Jeejeebhoy, learned Counsel appears for the Defendants No. 1 and 2 and draws this Court's attention to the Exhibit-A which is the Certificate of Incorporation pursuant to change of name dated 23rd September, 2024 in support of the Application and submits that this Court may allow the same.

11.

It is observed from the said exhibit that the name of Shreyas Shipping and Logistics Limited has been changed to the Transworld Shipping Lines Limited. The other learned Counsel appearing in the matter including the learned Counsel appearing for the Plaintiff have no objection if the Interim Application is allowed. 12.

The interim Application is accordingly allowed in terms of the prayer Clauses 7(a) and (b).

13.

Let the amendments be carried out within a period of four weeks and the amended proceedings be served and an appropriate affidavit of service be filed. Re-verification is dispensed with. 3/4

14.

The Interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.12.17 20:46:42 +0530 NIKITA YOGESH GADGIL 4/4